Perspectives On The Statutory Requirement Essay

2376 WordsSep 28, 201410 Pages
PERSPECTIVES ON THE STATUTORY REQUIREMENT TO CONCLUDE COLLECTIVE BARGAINING UNDER EMPLOYMENT RELATIONS ACT 2000 INTRODUCTION The Employment Relations Act 2000 provides a framework for collective bargaining and gives unions its power to arrange better working conditions for union members through collective bargaining. The purpose of this report is to discuss and critique the existing law and proposed change under s 33 of the Employment Relations Act 2000. This report will first discuss perspectives of the political parties in relation to the theoretical perspectives on labour law. Secondly, I will express my own perspective on this matter. Currently, s 33 of the Employment Relations Act 2000 places a legal obligation upon parties’ collective agreement to conclude it negotiations. This means that employers must continue to bargain with unions until the collective negotiations has been concluded as a requirement of good faith in employment relationships. This is avoidable only in very limited circumstances where there is a genuine reason. This places employers in a difficult position where they are forced to bargain despite a deadlock. The National Government has taken a unitarist approach to employment law in respect of its proposed bill to abolish the requirement to conclude collective bargaining. National believes it will create more fairness, balance and flexibility in the labour market. On the other hand, the Labour party adopts a pluralist approach by strongly
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