Abstract
This paper examines the collective bargaining (CB) framework in Australia’s Fair Work Act 2009 (Cth), including the legislation’s good faith bargaining (GFB) requirements, in comparison with the much longer-standing GFB laws of the USA and Canada. The paper considers the extent to which North American concepts such as ‘hard bargaining’, and limits on ‘direct dealing’ and communication with employees during bargaining, are influencing the interpretation and operation of Australia’s GFB laws. Areas of parallel and divergence are identified. At a more ‘macro' level, the paper assesses the early impact of the new Australian legislation on CB practices and outcomes – and in particular, its effect on employer resistance to CB. The paper finds that, after almost 12 months of operation, there are indications that the new Australian regulation is achieving the federal Government’s policy objective of encouraging CB.
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