Good faith and the Fair Work Act: Its potential, in light of the New Zealand experience

Dorsett, S; Lafferty, G

Good faith and the Fair Work Act: Its potential, in light of the New Zealand experience

Dorsett, S

Lafferty, G

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Publication Type:: Journal Article
Citation:: Economic and Labour Relations Review, 2010, 21 (1), pp. 53 - 58
Issue Date:: 2010-10-01

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Field	Value	Language
dc.contributor.author	Dorsett, S https://orcid.org/0000-0002-3541-5164	en_US
dc.contributor.author	Lafferty, G	en_US
dc.date.issued	2010-10-01	en_US
dc.identifier.citation	Economic and Labour Relations Review, 2010, 21 (1), pp. 53 - 58	en_US
dc.identifier.issn	1035-3046	en_US
dc.identifier.uri	http://hdl.handle.net/10453/15730
dc.description.abstract	This article addresses the potential of the Fair Work Act's 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 Act's 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.	en_US
dc.relation.ispartof	Economic and Labour Relations Review	en_US
dc.title	Good faith and the Fair Work Act: Its potential, in light of the New Zealand experience	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	21	en_US
utslib.for	1801 Law	en_US
utslib.for	1402 Applied Economics	en_US
utslib.for	1503 Business and Management	en_US
utslib.for	1605 Policy and Administration	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.issue	1	en_US
pubs.publication-status	Published	en_US
pubs.volume	21	en_US

Abstract:

This article addresses the potential of the Fair Work Act's 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 Act's 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.

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http://hdl.handle.net/10453/15730