Title

The mechanics of agreement making under the Fair Work Act 2009: Promoting good faith bargaining and genuine agreement

Date of this Version

1-1-2012

Document Type

Book Chapter

Publication Details

Citation only

Coulthard, A. (2012). The mechanics of agreement making under the Fair Work Act 2009: Promoting good faith bargaining and genuine agreement. In B. Creighton & A. Forsyth (Eds.). Rediscovering Collective Bargaining: Australia's Fair Work Act in International Perspective (pp. 90-113). New York: Routledge

Access the publisher's website

2012 HERDC submission. FoR code: 180118

© Copyright Routledge, 2012

ISBN

9780415529273

Abstract

Through the Fair Work Act 2009 (FW Act), the Labour Government seeks to restore collective bargaining, primarily at the enterprise level, as the principal means for determining employment conditions. The central mechanisms for achieving the legislative objectives of a simple, flexible and fair framework for collective bargaining and agreement making are: the provision for the appointment and recognition of bargaining representatives; a requirement that those representatives bargain in good faith; and a strong facilitative role for the tribunal, Fair Work Australia (FWA), through its capacity to make determinations compelling collective bargaining, orders about the scope of a proposed agreement, and bargaining orders to enforce the good faith bargaining obligations that apply to all bargaining representatives.

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This document has been peer reviewed.