Good Faith Bargaining under the Fair Work Act 2009

Good Faith Bargaining under the Fair Work Act 2009

by Alex Bukarica, Andrew Dallas

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The jurisprudence on the meaning of good faith bargaining is still in its infancy. However, there are worrying signs that good faith obligations under the Fair Work Act 2009 are being interpreted narrowly, in a way that emphasises continuity with the hands-off approach to bargaining that existed under (now repealed) Workplace Relations Act 1996.

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