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Bargaining under the Fair Work Act.
Some key features of the Fair Work Act 2009 (Cth) (FW Act) are the changes introduced to the collective bargaining framework. We now have concepts such as majority support determinations, scope orders and good faith bargaining requirements. The past few months have seen a number of cases that give guidance on how these collective bargaining elements may operate in practice. It has not all been plain sailing for participants.
In this article we give an overview of some of the more interesting developments to date. The cases bear out the truth of the warning from our colleagues at DLA Piper in the USA that in a good faith bargaining environment you need to be prepared. PART ONE LET THE BARGAINING BEGIN - COMMENCING BARGAINING Our experience tells us that parties are now aware that bargaining commences in quite a different way under the FW Act. Gone is the concept of the 'bargaining period'. And so typically formal bargaining commences either when an employer gives notice to its employees of their representational rights or when a majority suppo...See the full content of this document
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