Good Faith Bargaining

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INTRODUCTION Collective bargaining is a negotiation process between employers and employees on the terms and conditions of work which form the enterprise agreement (Natalie 2010, p.199). Good faith bargaining on the other hand, generally refers to duty of the parties to meet and negotiate at reasonable time with willingness to reach an agreement on matters within the scope of representation (Riley 2012, pp.22-29). According to Fair Work Act 2009 “To bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hour and other terms and conditions of employment”. GOOD FAITH BARGAINING REQUIREMENTS The key…show more content…
The term “Collective bargaining” was defined by Nigeria Labor Act, as the process of arriving or attempting to arrive at a collective agreement, while collective agreement is term to be written agreement regarding working conditions and terms of employment agreed upon between a union of workers or an organization representing workers and an organization of employers. The end result of this exercise is that both parties will unanimously agree on certain employment’s terms and conditions. When bargaining is done in good faith, it’s eventually leads to agreement between employer and employees which often result to social order in their relationship (Erugo 1998, p.33). Nigeria Labor Congress (NLC) is the most prominent labor union in Nigeria that often educates, defend and advance the political, economic, social and cultural rights of Nigerian employees. The functions of collective bargaining includes the provision for peaceful settlement of grievances and disputes arising from interpretation of collective agreement, or areas that are not included in the agreement, it’s also to establish industrial jurisprudence and to win concessions from the employer by collective action (Fashoyin 1992).However, to collectively bargain in Nigeria context requires the preparation of comprehensive statement of demands put forward by the union representing workers for the consideration of the employer. Following by the negotiation process
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