Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 42B

42B .         Good faith bargaining for industrial agreement

        (1)         When bargaining for an industrial agreement, a negotiating party shall bargain in good faith.

        (2)         Without limiting the meaning of the expression, bargaining in good faith by negotiating parties includes doing the following things —

            (a)         stating their position on matters at issue, and explaining that position;

            (b)         meeting at reasonable times, intervals and places for the purpose of conducting face-to-face bargaining;

            (c)         disclosing relevant and necessary information for bargaining;

            (d)         acting honestly and openly, which includes not capriciously adding or withdrawing items for bargaining;

            (e)         recognising bargaining agents;

            (f)         providing reasonable facilities to representatives of organisations and associations of employees necessary for them to carry out their functions;

            (g)         bargaining genuinely and dedicating sufficient resources to ensure this occurs;

            (h)         adhering to agreed outcomes and commitments made by the parties.

        (3)         The Commission may, having regard to the circumstances in which the industrial action occurs, determine that engaging in industrial action is a breach of the duty to bargain in good faith.

        (4)         For the purposes of this section, a person is a bargaining agent if —

            (a)         that person has been appointed in writing by a negotiating party to an agreement as a bargaining agent of that party in relation to the agreement;

            (b)         a copy of the appointment has been provided to the other negotiating party to the agreement; and

            (c)         the appointment has not been terminated.

        (5)         An appointment of a bargaining agent may be terminated at any time by notice of termination given by the negotiating party who appointed the agent in writing to the agent.

        (6)         A copy of a notice of termination must be given to each other negotiating party.

        (7)         For the purposes of section 12 of the Legal Profession Act 2008 a bargaining agent is authorised to provide advice and other services in relation to bargaining for an industrial agreement.

        (8)         Nothing in this section affects the requirement of section 112A that only a person who is registered under that section may appear as an agent under section 31, 81E or 91.

        [Section 42B inserted by No. 20 of 2002 s. 133; amended by No. 65 of 2003 s. 41(3); No. 21 of 2008 s. 668(5).]