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…
Nigeria government often take care the duty of tax wage fixation instead of allowing collective bargaining to play this role, this contributes to the inactive states of collective bargaining in the country. However, the situation of compelling all wages agreement to be registered with the Ministry of Labor who decides the effectiveness of the agreement shows a level of restriction in Nigeria’s collective bargaining. Most Nigerian states intervene in collective bargaining especially when they provide the job and source of finances, for example, government regulates the commercial and physical environment of higher institutions by formulating educational policies, provides services and stipulates conditions of service for staff. This often results to crisis in industrial relations as it’s perceived to be an attempt by government to compelled labor to take to its directives, instead of allowing collective bargaining to take its course (Ekpenyong 1989). However, several studies had shown that workers are often maltreated as employers deny their employees the right to unionize. The prevention of most employees in the banking industries by their employers to join workers union is a typical example of the major setback confronting collective bargaining in Nigeria (Adewumi 2008). The setbacks in Nigeria system is however different from that of Australia good faith bargaining which gives
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