The introduction of Good Faith Bargaining in Western Australia: Policy Origins and Implications for Collective Bargaining

Abstract

The introduction of good faith bargaining in Western Australia: Policy origins and implications for collective bargaining Michael Gillan and Donella Caspersz University of Western Australia The Australian Industrial Relations Commission ruled in 2003 that there was no legal duty on parties to bargain in ‘good faith’. In Western Australia, the Gallop Labor Government has introduced good faith bargaining provisions as a redress available when a party is considered to be negotiating in ‘bad faith’. What does this rhetoric mean? The aim of this paper is to unravel what is meant by ‘good faith bargaining’ and to consider how this provision has been used within Western Australian industrial relations thus far.

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