After section 76 insert:
76A—Best endeavours bargaining
(1) The parties to the
negotiations must use their best endeavours to resolve questions in issue
between them by agreement.
(2) In particular, the
parties to the negotiations (or their duly authorised representatives)—
(a) must
meet at reasonable times, and at reasonable places, for the purpose of
commencing and furthering the negotiations; and
(b) must
state and explain their position on the questions at issue to all other
parties to the negotiations; and
(c) must
disclose relevant and necessary information; and
(d) must
act openly and honestly; and
(e) must
not alter or shift the ground of negotiation by capriciously adding matters
for consideration or excluding matters from consideration; and
(f) must
adhere to agreed negotiation procedures; and
(g) must
adhere to agreed outcomes and commitments; and
(h) if
the parties are able to arrive at an agreed timetable for achieving
agreement—must use their best endeavours to meet the timetable.
(3) The Commission
may, on the application of a party to any negotiations, give directions to
resolve any dispute as to the composition of the group of employees for
negotiating purposes.
(4) An employer cannot
be required, as part of any negotiations under this Part, to produce any
financial records relating to any business or undertaking of the employer.
(5) The Commission
may, on the application of a party to the negotiations, take steps to resolve
a matter by conciliation.
(6) Nothing in a
preceding subsection prevents a party to negotiations for an enterprise
agreement deciding to withdraw from the negotiations entirely.