What happens if a party will not negotiate in good faith?
A bargaining representative may apply to Fair Work Australia for a ‘Bargaining Order’ if he or she believes that the good faith bargaining requirements are not being met. The party making the application should have previously advised the other party, or parties, of their concerns before submitting the application and the application will only be considered if bargaining has officially commenced. If issued, the Order will specify what actions must be taken by the relevant party to comply with the good faith bargaining requirements. If a party does not comply with a Bargaining Order – and the breach is serious and sustained – a bargaining representative may apply to Fair Work Australia for a ‘Serious Breach Declaration’. If this is issued, the parties will have 21 days from the date of the Declaration to reach an agreement and, if they are unable to do this, Fair Work Australia must make a workplace determination which will finalise the agreement without further negotiations. Fair Work
