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50H: Recommendation by Authority
or “The Authority can suggest ways to help people agree on work rules, but everyone still gets to choose what they want to do.”

You could also call this:

“Everyone must be honest and fair when talking to the helper during work discussions.”

When you’re involved in bargaining for a collective agreement and the Employment Relations Authority is helping with the process (called facilitation), you need to act in good faith when dealing with the Authority. This means you must be honest, open, and fair in your interactions with them. You should cooperate with the Authority and not try to mislead or deceive them in any way. This rule applies to everyone involved in the bargaining process, whether you’re representing workers or employers.

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Next up: 50J: Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining

or “The law allows a judge to decide what goes in a work agreement if someone keeps being really unfair during talks about it.”

Part 5 Collective bargaining
Facilitating bargaining

50IParty must deal with Authority in good faith

  1. During facilitation, a party to bargaining for a collective agreement must deal with the Authority in good faith.

Notes
  • Section 50I: inserted, on , by section 14 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).