Abstract
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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