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Terms

Good Faith Bargaining

A mandate that establishes how bargaining representatives ought to conduct themselves during an agreement negotiation. It aims to ensure that all parties behave both appropriately and productively to land on a mutual agreement. Parties involved in good faith bargaining need to adhere to the guidelines stipulated by the Fair Work Act.

Gross Misconduct (also known as “serious misconduct”)

Wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment.

For conduct to be considered as ‘gross’ or ‘serious’ it must cause serious and imminent risk to the health and safety of a person, or the reputation, viability or profitability of the employer’s business. (eg. theft, fraud, assault, intoxication and the refusal to carry out a lawful and reasonable management direction).

If the aforementioned definition is satisfied, the employee may forfeit the period of notice of termination and may forfeit certain entitlements normally due on termination of employment.

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