The mechanics of agreement making under the Fair Work Act 2009: Promoting good faith bargaining and genuine agreement

Through the Fair Work Act 2009 (FW Act), the Labour Government seeks to restore collective bargaining, primarily at the enterprise level, as the principal means for determining employment conditions.1 The central mechanisms for achieving the legislative objectives of a simple, fl exible and fair framework for collective bargaining and agreement making are:2 the provision for the appointment and recognition of bargaining representatives; a requirement that those representatives bargain in good faith; and a strong facilitative role for the tribunal, Fair Work Australia (FWA), through its capacity to make determinations compelling collective bargaining, orders about the scope of a proposed agreement, and bargaining orders to enforce the good faith bargaining obligations that apply to all bargaining representatives.3