sec.406ZParties must negotiate in good faith

### sec.406Z Parties must negotiate in good faith The negotiating parties must negotiate in good faith. Without limiting subsection (1) , each party must do the following things— attend and participate in negotiating meetings; disclose relevant information, other than confidential or commercially sensitive information, in a timely way; genuinely consider proposals made by other parties, respond in a timely way and give reasons for the party’s response; not engage in capricious or unfair conduct that undermines freedom of association or the negotiating process. Without limiting subsection (2) (b) , the parties must obtain, and disclose as soon as practicable after the start of the negotiations, information relevant to the gender pay gap under the proposed negotiated agreement, including— the distribution of the independent couriers by gender; and details of the gender pay gap; and any major factors identified as contributing to the gender pay gap; and if appropriate, the projected effect of the proposed negotiated agreement on the gender pay gap; and other information relevant to the gender pay gap reasonably requested by another party to the negotiations; and other information relevant to the gender pay gap prescribed by regulation. For subsection (3) , the gender pay gap under the proposed negotiated agreement is the difference between the average weekly full-time equivalent earnings of male independent couriers and female independent couriers covered by the proposed negotiated agreement. Subject to subsections (1) and (2) , the negotiating parties may make an agreement about procedures or principles for the conduct of the negotiations. s 406Z ins 2022 No. 27 s 66 (sec.406Z-ssec.1) The negotiating parties must negotiate in good faith. (sec.406Z-ssec.2) Without limiting subsection (1) , each party must do the following things— attend and participate in negotiating meetings; disclose relevant information, other than confidential or commercially sensitive information, in a timely way; genuinely consider proposals made by other parties, respond in a timely way and give reasons for the party’s response; not engage in capricious or unfair conduct that undermines freedom of association or the negotiating process. (sec.406Z-ssec.3) Without limiting subsection (2) (b) , the parties must obtain, and disclose as soon as practicable after the start of the negotiations, information relevant to the gender pay gap under the proposed negotiated agreement, including— the distribution of the independent couriers by gender; and details of the gender pay gap; and any major factors identified as contributing to the gender pay gap; and if appropriate, the projected effect of the proposed negotiated agreement on the gender pay gap; and other information relevant to the gender pay gap reasonably requested by another party to the negotiations; and other information relevant to the gender pay gap prescribed by regulation. (sec.406Z-ssec.4) For subsection (3) , the gender pay gap under the proposed negotiated agreement is the difference between the average weekly full-time equivalent earnings of male independent couriers and female independent couriers covered by the proposed negotiated agreement. (sec.406Z-ssec.5) Subject to subsections (1) and (2) , the negotiating parties may make an agreement about procedures or principles for the conduct of the negotiations. - (a) attend and participate in negotiating meetings; - (b) disclose relevant information, other than confidential or commercially sensitive information, in a timely way; - (c) genuinely consider proposals made by other parties, respond in a timely way and give reasons for the party’s response; - (d) not engage in capricious or unfair conduct that undermines freedom of association or the negotiating process. - (a) the distribution of the independent couriers by gender; and - (b) details of the gender pay gap; and - (c) any major factors identified as contributing to the gender pay gap; and - (d) if appropriate, the projected effect of the proposed negotiated agreement on the gender pay gap; and - (e) other information relevant to the gender pay gap reasonably requested by another party to the negotiations; and - (f) other information relevant to the gender pay gap prescribed by regulation.