Abstract

This paper examines the early operation of the good faith bargaining provisions of Australia's new Fair Work Act 2009 (Cth). The paper identifies some parallels between the approach to these new statutory provisions, and good faith bargaining laws in both the USA and Canada - but also some areas of divergence. It also finds that it is unlikely that US-style union-busting strategies will emerge in the Australian context. Finally, the paper illustrates some important commonalities between Australia's new collective bargaining regulation, and the reforms proposed in the Employee Free Choice Act currently before the US Congress.

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