The implied covenant of good faith cannot override an express contractual provision.
The implied obligation of good faith cannot be used to vary the terms of an express contract.
and consult in good faith seems to have become something less robust
This paper looks at the duly to bargain in good faith and what it
the result of good faith actions would fill the contract's
to agree, and by implication the duty to negotiate in good faith.
McCallum (2000: 225) has suggested that the absence of good faith provisions after 1996 shifted the balance towards employers, not least because the absence of union recognition in bargaining, an integral component of good faith bargaining, allowed employers to move increasingly to individualised processes.
Section 228 (Cth) sets out the good faith requirements that must be met during bargaining.
Good faith bargaining behaviour is listed in section 32 of the Act.
Good faith restricts employers from communicating directly with employees during bargaining, to the extent that it might undermine the bargaining.
16) Three of the four reports recommended the introduction of a good faith obligation.
The report recommended that a 'statement obligating franchisors, franchisees and prospective franchisees to act towards each other fairly and in good faith be developed for inclusion in Part 1 of the Code.