Explanatory note

This Supplementary Order Paper amends Supplementary Order Paper No 1 to improve the test to determine whether collective bargaining has been concluded. As drafted the provision requires proof that the breach of good faith undermined collective bargaining which would be almost impossible to prove. In addition the provision around a party having rectified the failure provides too wide of an escape clause. The provision should simply prevent a party from being allowed to terminate bargaining where they have breached good faith. This Supplementary Order Paper rectifies these failures and restores this provision to prevent the Authority concluding bargaining has been completed where there has been a breach of good faith under section 4 in the course of that bargaining.