4Conduct of parties and bargaining representatives

4 Conduct of parties and bargaining representatives

(1) Each party involved in negotiating a road transport collective agreement must: (a) not select participating drivers in an unfair manner; and (b) bargain directly with: (i) if a party has appointed a bargaining representative—the appointed bargaining representative; and (ii) in all other cases—the other parties involved in the negotiations; and (c) participate in meetings organised and agreed to by the parties unless it would be impracticable or unreasonable to do so; and (d) ensure that information relevant to the negotiations, other than confidential or commercially sensitive information, is not unreasonably withheld from the other parties; and (e) give genuine consideration to proposals received and, unless it would be impractical or unreasonable to do so, respond to the proposals in a timely manner; and (f) not engage in conduct that unreasonably restricts the opportunity for another party to: (i) seek legal, financial or other advice; or (ii) seek assistance to understand documents; and (g) not engage in conduct that undermines freedom of association or collective bargaining; and (h) not control or improperly influence a bargaining representative appointed by another party. (2) A negotiating group or a bargaining representative must obtain the permission of the participating hirer to use the participating hirer’s premises to conduct discussions about the proposed agreement. (3) A participating hirer may refuse to give permission for discussions to occur at its premises if permitting the discussions would adversely affect the hirer’s operations.