Section 39 — Employment Relations Act 2000: Authority or Court may have regard to code of good faith

39 Authority or Court may have regard to code of good faith The Authority or Court may, in determining whether or not a union and an employer have dealt with each other in good faith in bargaining for a collective agreement, have regard to a code of good faith approved under section 35 that— (a) was in force at the relevant time; and (b) in the form in which it was then in force, related to the circumstances before the Authority or the Court.