Good Faith Bargaining

2176 words 9 pages
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”.
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The employer do prepare their own positions and counter proposals for each of the union’s demand. For each position taken reasons are site as evidence. Results are normally unpredictable because decisions are only arrived at when there is unanimous agreement between employees and employer. Collective bargaining practices in Nigeria ranges from; national, state, enterprise and industrial collective bargaining, but the most practice one in the country is the industrial bargaining which is concerned with negotiation and agreement in the industries. Collective bargaining is an acknowledged mechanism for determining wage levels and work’s conditions in Nigeria, the often assumption of trade union in determining collective bargaining outcome makes it to be in a state of instability.

Despite the right to organize to bargain collectively in Nigeria, employees are not fully availed with this right, as unionism and collective bargaining are disallowed in several jurisdictions based on the perception that unrestricted unionism may threaten the internal security of the state (Adams 2008, 165-172) . It’s also evident that private sectors in Nigeria have taken over the public sector with wage superiority and low involvement of their workers in trade union movement. While the multinational corporations also dominate


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