Good Faith in Collective Bargaining Communications in Australia and New Zealand.

Abstract

Communications during collective bargaining are of central importance to the conduct of employment relations in Australia and New Zealand, as they may substantially impact collective bargaining outcomes. In both jurisdictions communications during collective bargaining are required by law to be in good faith. However the curial approach in each jurisdiction to communication material that seeks to “negotiate” with or persuade employees of employer viewpoints has been quite different. This paper discusses the Court decisions that have resulted in New Zealand, which now has legislation with more pluralist objects, and Australia, which has legislation with objects that are more individualist. In Australia the more individualist legislation has led to greater latitude for employers to communicate their points of view during collective bargaining, and in turn led to results which may be seen as undermining the collective bargaining process.