TY - JOUR
T1 - Good faith and the Fair Work Act : its potential, in light of the New Zealand experience
AU - Dorsett, Shaunnagh
AU - Lafferty, George
PY - 2010
Y1 - 2010
N2 - This article addresses the potential of the Fair Work Acts good faith bargaining provision to enhance good faith bargaining and employment relationships, using New Zealand's good faith provisions under the Employment Relations Act 2000 as a comparative frame of reference. It explores the limitations of the Fair Work Acts compliance-based approach to good faith, which consists mainly of the parties presenting a legally defensible appearance of not acting in bad faith. In contrast, the New Zealand legislation aims to suffuse good faith with considerable content and definition, enabling parties to the employment relationship to extend good faith well beyond bargaining. In contrast to the Employment Relations Act, the formalistic, procedural approach promoted by the Fair Work Act is unlikely to encourage a significant cultural change towards meaningful good faith principles and practices.
AB - This article addresses the potential of the Fair Work Acts good faith bargaining provision to enhance good faith bargaining and employment relationships, using New Zealand's good faith provisions under the Employment Relations Act 2000 as a comparative frame of reference. It explores the limitations of the Fair Work Acts compliance-based approach to good faith, which consists mainly of the parties presenting a legally defensible appearance of not acting in bad faith. In contrast, the New Zealand legislation aims to suffuse good faith with considerable content and definition, enabling parties to the employment relationship to extend good faith well beyond bargaining. In contrast to the Employment Relations Act, the formalistic, procedural approach promoted by the Fair Work Act is unlikely to encourage a significant cultural change towards meaningful good faith principles and practices.
UR - http://handle.uws.edu.au:8081/1959.7/538326
U2 - 10.1177/103530461002100104
DO - 10.1177/103530461002100104
M3 - Article
SN - 1035-3046
VL - 21
SP - 53
EP - 68
JO - Economic and Labour Relations Review
JF - Economic and Labour Relations Review
IS - 1
ER -