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Section 113: Bargaining in good faith requires the trade union or the group of trade

Employment Relations Act · PART VII: COLLECTIVE BARGAINING GENERAL

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

113. Bargaining in good faith requires the trade union or the group of trade unions and the employer to— (a) meet and discuss meaningfully— (i) a collective agreement or any variation of a collective agreement, including matters relating to the initiation of the bargaining or for the renewal of a collective agreement; (ii) any matter arising out of or in relation to a collective agreement while the agreement is in force; and (iii) any proposal by an employer that may affect the workers’ terms and conditions of employment, including a proposal to contract out work otherwise done by the workers or to sell or transfer all or part of the employer’s business. (b) do their best to enter into a procedure agreement as soon as possible; (c) do their best to find mutually acceptable solutions and to enter into an agreement, as soon as possible; (d) recognise the role and the authority of any person chosen by each party to be its representative or advocate; (e) negotiate in a reasonable, fair and honest manner; (f) refrain from doing any act that is likely to undermine the bargaining process or the authority of the other party; (g) provide the other party information that is reasonably necessary to support or substantiate their respective position; (h) respond and give consideration to proposals made by the other party; (i) consider the proposals of the other party within a reasonable period and, where the proposal is not accepted, offer an explanation for the non-acceptance; (j) identify the barriers to agreement and give further consideration to their respective position in the light of any alternative options put forward; (k) conclude a collective agreement, unless there is a valid reason not to do so; and (l) sign the collective agreement.

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