Good Faith Bargaining under the Fair Work Act 2009

Lessons from the Collective Bargaining Experience in Canada and New Zealand

Alex Bukarica, Andrew Dallas (Autoren)

Buch | Softcover

192 Seiten

2012
Federation Press (Verlag)
978-1-86287-886-0 (ISBN)

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The Fair Work Act 2009 imposes a legal obligation on the parties to collective bargaining to bargain in good faith - but what does this concept actually mean? In this title, the authors argue that a narrow approach to good faith bargaining is not consistent with the intended operation of the Fair Work Act 2009.

The Fair Work Act 2009 imposes a legal obligation on the parties to collective bargaining to bargain in 'good faith'- but what does this concept actually mean? In Australia, the jurisprudence on the meaning of good faith bargaining is still in its infancy. However, there are worrying signs that the good faith obligations under the Fair Work Act 2009 are being interpreted narrowly, in a way that emphasises continuity with the 'hands-off' approach to bargaining that existed under the (now repealed) Workplace Relations Act 1996.

Alex Bukarica and Andrew Dallas put forward their argument that a narrow approach to good faith bargaining is not consistent with the intended operation of the Fair Work Act 2009.

Moreover, they maintain that the effective promotion of good faith bargaining in Australia will be impaired unless we come to grips with some of the important lessons that emerge from the practice of good-faith based collective bargaining overseas, particularly in Canada and New Zealand.

Alex Bukarica, BA, BLegS (Hons) (Macquarie), Grad Dip Legal Practice(UTS) is a lawyer employed by the Mining and Energy Division of the Construction, Forestry, Mining and Energy Union (CFMEU). He has over 25 years experience in industrial relations and labour law and is on the roll of practitioners of the Supreme Court of New South Wales and the High Court of Australia. Alex is also the President of an unincorporated association known as Union Lawyers and Industrial Officers, New South Wales. Andrew Dallas, LLB (Canterbury, NZ), LLM (Hons) (Auckland, NZ) is a PhD Candidate in the Griffith Law School, Griffith University and is writing a thesis on the legal regulation of industrial relations in the Australian building and construction industry. He has worked as a lawyer for the New Zealand Public Service Association, Hall Payne Lawyers and the Mining and Energy Division of the Construction, Forestry, Mining and Energy Union. Andrew is on the roll of practitioners of the High Court of New Zealand, the Supreme Court of Queensland and the High Court of Australia.

Foreword by The Hon Justice M J Walton An Overview
Collective Bargaining and the Good Faith Obligation in Canada Collective Bargaining and the Good Faith Obligation in New Zealand Learning the Lessons: Promoting Good Faith Bargaining in Australia Epilogue
aEURO All is not fair in love and waraEURO aEURO" The Aftermath of the Qantas dispute and Fair Work AustraliaaEURO (TM)s role in dealing with serious industrial disputes. Appendix
New Zealand's code of Good Faith in Collective Bargaining Bibliography Index

Erscheint lt. Verlag	29.6.2012
Verlagsort	Annandale, NSW
Sprache	englisch
Maße	156 x 234 mm
Gewicht	246 g
Themenwelt	Recht / Steuern ► Arbeits- / Sozialrecht ► Arbeitsrecht
	Recht / Steuern ► EU / Internationales Recht
	Technik
ISBN-10	1-86287-886-2 / 1862878862
ISBN-13	978-1-86287-886-0 / 9781862878860
Zustand	Neuware