scholarly journals The Impacts of Good Faith on Collective Bargaining: a New Zealand Case Study

2021 ◽  
Author(s):  
◽  
Julie May Polakoski

<p>This paper explores the protective strength of the good faith reforms as enacted under the Employment Relations Act 2000 and subsequent legislation on the collective bargaining rights of workers. Interviews were conducted with numerous unions and employers in New Zealand to discover how the good faith reforms have impacted their dealings with one another with regards to collective bargaining.</p>

2021 ◽  
Author(s):  
◽  
Julie May Polakoski

<p>This paper explores the protective strength of the good faith reforms as enacted under the Employment Relations Act 2000 and subsequent legislation on the collective bargaining rights of workers. Interviews were conducted with numerous unions and employers in New Zealand to discover how the good faith reforms have impacted their dealings with one another with regards to collective bargaining.</p>


2021 ◽  
Author(s):  
◽  
Julie May Polakoski

<p>This paper explores the protective strength of the good faith reforms as enacted under the Employment Relations Act 2000 and subsequent legislation on the collective bargaining rights of workers. Interviews were conducted with numerous unions and employers in New Zealand to discover how the good faith reforms have impacted their dealings with one another with regards to collective bargaining.</p>


2021 ◽  
Author(s):  
◽  
Julie May Polakoski

<p>This paper explores the protective strength of the good faith reforms as enacted under the Employment Relations Act 2000 and subsequent legislation on the collective bargaining rights of workers. Interviews were conducted with numerous unions and employers in New Zealand to discover how the good faith reforms have impacted their dealings with one another with regards to collective bargaining.</p>


2011 ◽  
Vol 66 (2) ◽  
pp. 192-212 ◽  
Author(s):  
Barry Foster ◽  
Erling Rasmussen ◽  
John Murrie ◽  
Lan Laird

In New Zealand in the 1990s, labour market decentralization and new employment legislation precipitated a sharp decline in unionism and collective bargaining coverage; trends that continued well into the 2000s even after the introduction of the more supportive Employment Relations Act 2000 (ERA). The ERA prescribed new bargaining rules, which included a good faith obligation, increased union rights and promoted collective bargaining as the key to building productive employment relationships (Anderson, 2004; May and Walsh, 2002). In this respect the ERA provided scope for increased collective bargaining and union renewal (Harbridge and Thickett, 2003; May, 2003a and 2003b; May and Walsh, 2002). Despite these predictions and the ERA's overall intent, the decline in collective bargaining coverage begun in the 1990s has continued unabated in the private sector. It has naturally been questioned why the ERA has not reversed, or at least halted, this downward trend. So far research has focused on the impact of the legislation itself and much less on employer behaviour and perceptions, or on their contribution to these trends. This article addresses the paucity of employer focused research in New Zealand. The research explores views of employers on the benefi ts of collective bargaining, how decisions to engage or not engage in collective bargaining are made and the factors instrumental to them. It is demonstrated that the preferred method of setting pay and conditions continues to be individual bargaining. This is especially so for organizations with less than 50 employees, by far the largest majority of fi rms in New Zealand. Frequently, these smaller organizations see no perceived benefits from collective bargaining. Overall, these fi ndings suggest that despite a decade of supportive legislation there are few signs that the 20 year decline in collective bargaining coverage in New Zealand will be reversed.


2015 ◽  
Vol 37 (6) ◽  
pp. 645-657 ◽  
Author(s):  
Paul Marginson

Purpose – The purpose of this paper is to survey developments in four aspects of collective employment relations (ER) since the mid-1960s: collective representation and organisation; collective bargaining coverage and structure; the collective bargaining agenda; and joint consultation arrangements. It considers the reasons underlying change. Design/methodology/approach – A range of published sources are drawn on, including quantitative, survey based and qualitative, case-study and other evidence. Findings – The landscape of collective ER has changed markedly over the past half century. Membership of trade unions has fallen from around half of the workforce to one-quarter. Employers who mainly conducted collective bargaining through employers’ associations now negotiate, if at all, on a firm-by-firm basis. Collective bargaining coverage has sharply declined and now only extends to a minority of the private sector workforce. The bargaining agenda has been hollowed out. Joint consultation arrangements too are less widespread than they were around 1980. Originality/value – The paper contends that change has been driven by three underlying processes. “Marketization” of collective ER entailing a shift from an industrial or occupational to an enterprise frame of reference. The rise of “micro-corporatism”, reflecting increased emphasis on the common interests of collective actors within an enterprise frame. Finally, the voluntarism, underpinning Britain’s collective ER became more “asymmetric”, with employers’ preferences increasingly predominant.


2019 ◽  
Vol 27 (2) ◽  
pp. 501-524
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod

The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition is important to ascertain the competency of a trade union and the acceptance by the workers to represent them in the collective bargaining action with the employer. However, the ambiguities in the existing legislations on the trade union recognition process in Malaysia and the anti-union practices of the employer are currently depriving the workers of their rights to negotiate for better working conditions. The primary focus of the present work is to identify the weaknesses of the recognition legal framework and the anti-union practices of employers in the recognition process of trade unions. Secondly, is to critically analyse the good faith bargaining practice in other countries and its significance to the recognition process in Malaysia. To explore the anti-union tactics perpetrated by employers, semi-structured interviews have been conducted to analyse the trade unions’ experience in their recognition claims. This research employed a qualitative approach as the instrument to study the good faith bargaining practices in the Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practices in Australia and New Zealand have improved the odds for trade unions to represent the workers in negotiating collective agreements. The study finally concludes that in order to reform the recognition process of trade unions in Malaysia, the good faith bargaining practice should be implemented in the nation’s industrial relations law framework.


1970 ◽  
Vol 19 (1) ◽  
Author(s):  
Sarah Oxenbridge

This case study describes and analyses the negotiation of a collective employment contract between an area health board management and regional representatives of the New Zealand Nurses Association during the first set of negotiations conducted under the Employment Contracts Act 1991. The study found that, contrary to claims by the Act's proponents, the Act does not lead to improved co-operation and communication between employers and employees. However, a high level of communication and co-operation was evident in the employee-union relationship, and it was found that certain provisions of the Employment Contracts Act afford employees greater power to determine their conditions of employment.


Author(s):  
Christopher Turner

This paper provides a brief comparison between the Employment Contracts Act 1991 (ECA) and the Swedish equivalent, the Co-Determination Act. The Co-Determination Act is then used to provide a framework against which an alternative to the ECA is discussed. The paper concludes by arguing for a system of contracting which emphasises collective bargaining, noting a number of impediments to its effective operation in New Zealand- at least in the short-term. Two such impediments which are discussed are the current low level of union density and voluntary unionism. Additionally, if New Zealand is to ratify ILO conventions 87 and 98, collective good faith bargaining will have to be embodied in any new legislative framework. Recommendations for such a framework are made herein.


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