FAIR WORK ACT 1994 - SECT 76A
FAIR WORK ACT 1994 - SECT 76A
76A—Best endeavours bargaining
(1) The parties to the
negotiations must use their best endeavours to resolve questions in issue
between them by agreement.
(2) In particular, the
parties to the negotiations (or their duly authorised representatives)—
(a) must
meet at reasonable times, and at reasonable places, for the purpose of
commencing and furthering the negotiations; and
(b) must
state and explain their position on the questions at issue to all other
parties to the negotiations; and
(c) must
disclose relevant and necessary information; and
(d) must
act openly and honestly; and
(e) must
not alter or shift the ground of negotiation by capriciously adding matters
for consideration or excluding matters from consideration; and
(f) must
adhere to agreed negotiation procedures; and
(g) must
adhere to agreed outcomes and commitments; and
(h) if
the parties are able to arrive at an agreed timetable for achieving
agreement—must use their best endeavours to meet the timetable.
(3) SAET may, on the
application of a party to any negotiations, give directions to resolve any
dispute as to the composition of the group of employees for negotiating
purposes.
(4) An employer cannot
be required, as part of any negotiations under this Part, to produce any
financial records relating to any business or undertaking of the employer.
(5) SAET may, on the
application of a party to the negotiations, take steps to resolve a matter by
conciliation.
(6) Nothing in a
preceding subsection prevents a party to negotiations for an
enterprise agreement deciding to withdraw from the negotiations entirely.