Employment Relations in Aotearoa New Zealand--An Introduction by Erling Rasmussen & Felicity Lamm & Julienne Molineaux

Author:Erling Rasmussen & Felicity Lamm & Julienne Molineaux
Language: eng
Format: epub
Publisher: ER Publishing
Published: 2022-06-29T00:00:00+00:00

The three phases of the Employment Relations Act 2000

Phase 1: the Clark Governments, 1999–2008

As mentioned above, the Employment Relations Bill was greeted with fierce employer opposition and dramatic claims about a return to the ‘bad old days’ of the conciliation and arbitration system. However, this was far from the reality since the Bill continued many of the changes introduced by the ECA 1991 and the final Act had, despite its emphasis on collectivism and ‘addressing the inherent inequality of bargaining power’, also a strong emphasis on individual employee rights.

Figure 4.1 The object clause of the Employment Relations Act 2000

The object of this Act is –

(a) to build productive employment relationships through the promotion of mutual trust and confidence in all aspects of the employment environment and of the employment relationship – (i) by recognising that employment relationships must be built on good faith behaviour; and

(ii) by acknowledging and addressing the inherent inequality of bargaining power in employment relationships; and

(iii) by promoting collective bargaining; and

(iv) by protecting the integrity of individual choice; and

(v) by promoting mediation as the primary problem-solving mechanism; and

(vi) by reducing the need for judicial intervention; and

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