Code of Good Faith

Introduction

The Code of Good Faith in Collective Bargaining is a generic code that provides employers and unions with guidance to good faith when bargaining for a collective agreement or for the variation of a collective agreement under the Employment Relations Act 2000.

What Must I Do?

The duty of good faith underpins collective bargaining and requires that parties to bargaining are

  • active and constructive in establishing and maintaining a productive employment relationship
  • that they are responsive and communicative and use their best endeavours to agree on an effective and efficient bargaining process
  • meet together and to consider and respond to proposals
  • to conclude a collective agreement unless there is a genuine reason not to, based on reasonable grounds

It is important to be familiar with this code because the Employment Relations Authority or the Employment Court may have regard to it in determining whether or not the parties have dealt with each other in good faith in bargaining.

On the right hand side you will find information on good faith, including the Code of Good Faith, a link to the website where you can download a copy of the Employment Relations Act 2000 and resources to assist you apply good faith in the bargaining process.