(2) The Tribunal or the Employment Division of the Court may, in determining whether or not the parties to collective bargaining have dealt with each other in good faith in bargaining for a collective agreement, have regard to the code. 151. Breakdown in bargaining (1) Should, notwithstanding the efforts of parties to bargain in good faith, there be a break down in the bargaining process, then any party may report to the Industrial Registrar an employment dispute under of this Act. Division 2 - Bargaining 152. Initiation of bargaining (1) Bargaining for a new collective agreement or variation of an existing collective agreement may be initiated by – one or more registered trade unions, with one or more employers or registered employer organisations; or one or more employers or registered employer organisations, with one or more registered trade unions. (2) An employer that is a member of an employer organisation bound by a collective agreement, is similarly bound by that collective agreement to the extent that the collective agreement covers that employers’ workers. 153. How bargaining initiated (1) A trade union or employer or employer organisation initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection (2). (2) A notice complies with this subsection if – it is in writing and signed by the trade union or the employer or employer organisation giving the notice or its duly authorised representative; it identifies each of the intended parties to the collective agreement; it identifies the intended coverage of the collective agreement; only one notice is required, on the day it is given; if more than one notice, on the day the last notice is given; and where there is multiplicity of parties, the initiating party must give notice to all other parties.
(2) The Tribunal or the Employment Division of the Court may, in determining whether or not the parties to collective bargaining have dealt with each other in good faith in bargaining for a collective agreement, have regard to the code. 151. Breakdown in bargaining (1) Should, notwithstanding the efforts of parties to bargain in good faith, there be a break down in the bargaining process, then any party may report to the Industrial Registrar an employment dispute under of this Act. Division 2 - Bargaining 152. Initiation of bargaining (1) Bargaining for a new collective agreement or variation of an existing collective agreement may be initiated by – one or more registered trade unions, with one or more employers or registered employer organisations; or one or more employers or registered employer organisations, with one or more registered trade unions. (2) An employer that is a member of an employer organisation bound by a collective agreement, is similarly bound by that collective agreement to the extent that the collective agreement covers that employers’ workers. 153. How bargaining initiated (1) A trade union or employer or employer organisation initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection (2). (2) A notice complies with this subsection if – it is in writing and signed by the trade union or the employer or employer organisation giving the notice or its duly authorised representative; it identifies each of the intended parties to the collective agreement; it identifies the intended coverage of the collective agreement; only one notice is required, on the day it is given; if more than one notice, on the day the last notice is given; and where there is multiplicity of parties, the initiating party must give notice to all other parties.
Final_ILO_June_2012.docx