Industrial Confl ict with Awards, Choices and Fairness

Abstract

Good faith bargaining, as provided for in the Employment Relations Act 2000 (ER Act), was part of a more general statutory good faith duty which was intended ‘to provide a new norm or principle on which to try and construct a new statutory framework’ (Wilson 2010 : 18). More specifically, the Objects of the Act were stated to include building ‘productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship by [ inter alia ] … acknowledging and addressing the inherent inequality of power in employment relationships; and … by promoting collective bargaining’. 1

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