Even if the parties fail to agree on an agreement, they must continue to negotiate in good faith and strive to ensure that such negotiations are effective and effective. 1.6 Disputes may arise as to the interpretation of the terms used in a collective agreement, so care should be taken to ensure that the text clearly reflects the agreement reached. After a successful negotiation process, managers can get stuck in setting up the enterprise negotiation contract template. Therefore, the following serves as a useful guide on how you should structure your EBA, including the content it should contain and, most importantly, the type of clauses prohibited by law to employers (and workers and unions). Consultation should not be seen as a substitute for collective bargaining. 3.5 The parties should therefore, at all stages of negotiations, act in such a way that they assist in reaching a collective agreement. Good preparation for collective bargaining helps to make the process smoother and more efficient and to improve outcomes. Preparation should begin well in advance of collective bargaining, for example organizations should integrate bargaining into the business planning and budgeting cycles. Through a platform for exchanging ideas, promoting common interests and managing problem areas, negotiations can mitigate problems or misunderstandings that could impact the working relationship. An effective bargaining agreement includes: in accordance with section 39 of the Act, the labour relations authority or the labour court may take into account an approved code in determining whether or not a trade union and an employer have acted in good faith in the negotiation of a collective agreement. This means that, if the parties are able to prove that they have complied with the Code, the Authority or the Tribunal may consider this to be in conformity with the provisions of the law in good faith. . .
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