New
Zealand’s first labour law system, the conciliation and arbitration system was
a stable and balanced model that served New Zealand well for most of the twentieth
century. However from the mid-1960s this
system slowly collapsed under the weight of political and economic
pressures. In 1991, after a two decades
of attempted reform, a new era in labour law was heralded by the Employment
Contracts Act 1991. This Act, strongly
influenced by neo-liberal ideology, was unashamedly anti-union and
anti-pluralist. It was intended to
deunionise workplaces and replace the arbitration system’s pluralist ethos with
the individualised and subordinate employment relationship common law. A decade later these reforms were in turn
modified by the Employment Relations Act 2000 which attempted a return to a
more pluralist legal model centred on a
statutory duty of good faith applicable to both individual and collective
employment relationships. A little more
than a decade later,
including
one term of National government, there appears to be at least some consensus on
the broad structure of labour law and therefore a new period of labour law
stability may have developed.
The
first part of this book traces the evolution of New Zealand labour law from
colonisation to the present day and in particular the turbulent period between
1970 and 2000 when our contemporary system of labour law developed. In the second part it describes that system of
law and asks whether a new consensus has developed or whether there is merely a
lull before a new storm.
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