Fair Work Act 2009: Case Study

As quoted by Julia Gillard, “Genuine, good faith bargaining at the enterprise level allows employees and employers to examine the way they work, discover new ways to improve productivity and efficiency, and share ideas that make workplaces more harmonious and flexible.” CITATION 14Se \l 3081 (ABC, 2008)
One of the many objectives underlying the Fair Work Act 2009 is to achieve productivity and fairness in the workplace through the implementation of collective bargaining supported by good faith bargaining agreements and rules presiding industrial action CITATION Fai14 \y \l 3081 (Fair Work Ombudsman). The Fair Work Act 2009 places an important emphasis on good faith bargaining by both parties. Good faith bargaining can been defined as
The Act advises that written responses are favourable for the purposes of record keeping and in the event of a dispute. Again, the legislation does not specify what is considered to be “timely” leaving this open to the interpretation of the parties involved. As such, I would suggest that certain parameters are agreed on by the parties in advance so that they both understand what the expectations are from each other, promoting
Enterprise Bargaining. [Online] Available at: https://www.fwc.gov.au/awards-and-agreements/agreements/about-agreements/enterprise-bargaining[Accessed 19 September 2014].
Fair Work Ombudsman, n.d. Bargaining in good faith. [Online] Available at: http://www.fairwork.gov.au/employment/agreements/pages/bargaining-in-good-faith.aspx[Accessed 19 September 2014].
Fair Work Ombudsman, n.d. Enterprise Bargaining. [Online] Available at: http://www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/rights-and-obligations/enterprise-bargaining[Accessed 20 September 2014].
Fair Work Ombudsman, n.d. Industrial Action. [Online] Available at: http://www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/rights-and-obligations/industrial-action[Accessed 18 September 2014].
Floyd, L., 2009. Fair work laws: Good faith bargaining, union right of entry and the legal notion of "responsible unionism". Australian business law review, 37(4), p. 255.
The Australian Worker 's Union, 2012. Review of the Fair Work Act. [Online] Available at: https://submissions.deewr.gov.au/sites/Submissions/FairWorkActReview/Documents/AustralianWorkersUnion.pdf[Accessed 20 September