s185-228: ss 185 and 228 Apply for approval within 14 days and bargain in good faith
As a bargaining representative, the employer meets the good faith bargaining requirements: attending and participating in meetings at reasonable times, disclosing relevant non-confidential information in a timely way, responding to proposals in a timely way, genuinely considering other representatives' proposals with reasons for its responses, refraining from capricious or unfair conduct undermining freedom of association or collective bargaining, and recognising and bargaining with the other representatives (without being required to make concessions or reach agreement). Once an agreement is made, a bargaining representative applies to the FWC for approval within 14 days (or a further period the FWC allows) with a signed copy and required declarations.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s185-228. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Bargaining meeting log, correspondence and responses to claims with reasons; Record of information disclosed to bargaining representatives; FWC approval application lodged within 14 days with signed agreement and declarations
What usually goes missing
Refusal to meet or recognise a bargaining representative; Bypassing representatives to deal directly with employees on bargaining claims; Application lodged late
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.