South Australian Numbered Acts

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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 34

34—Insertion of section 76A

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.



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