GOOD FAITH BARGAINING
There is no direct penalty or other consequence if a bargaining representative for a proposed enterprise agreement breaches any of the good faith bargaining requirements applicable under s 228 of the Fair Work Act 2009 (Cth) (FW Act).
This does not mean that parties can ignore the good faith bargaining requirements with impunity.
In the present EBA negotiations, we think it is fair to say that there is evidence that the negotiation process has been disrupted at best and anything but indicative of text book example of “good faith” principles which should have produced an efficient and effective outcome.
It’s time to VOTE and get on with Prison business.
Join the APOA and let’s get it right next EBA, start the process of good faith negotiation and address genuine concerns at the right forum, not the EBA.