
Contents
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Introduction Introduction
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Canada Canada
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History of good faith bargaining in Canada History of good faith bargaining in Canada
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Operation of British Columbia’s duty to bargain in good faith: 2003–2012 Operation of British Columbia’s duty to bargain in good faith: 2003–2012
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Good faith bargaining: analysis of Canadian data Good faith bargaining: analysis of Canadian data
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Applicants and outcomes Applicants and outcomes
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Stage of bargaining relationship Stage of bargaining relationship
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Time to complaint Time to complaint
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Subsequent GFB complaints Subsequent GFB complaints
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Good faith bargaining case law Good faith bargaining case law
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Australia Australia
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Overview of good faith bargaining in Australia Overview of good faith bargaining in Australia
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The operation of Australia’s good faith bargaining laws: July 2009–June 2012 The operation of Australia’s good faith bargaining laws: July 2009–June 2012
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Good faith bargaining: analysis of Australian data Good faith bargaining: analysis of Australian data
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Good faith bargaining case law Good faith bargaining case law
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Conclusion: Assessing the Experience of Canadian and Australian Good Faith Bargaining Laws Conclusion: Assessing the Experience of Canadian and Australian Good Faith Bargaining Laws
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8 Promoting Worker Voice through Good Faith Bargaining Laws
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Published:April 2014
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Abstract
Statutory good faith bargaining (GFB) obligations are intended to reinforce bargaining agent recognition and foster constructive negotiations, thereby ensuring collective employee voice . Canadian GFB obligations, though in existence for nearly 70 years, have been criticized as an ineffective and undeveloped concept. GFB was introduced as a central feature of Australian labour law in 2009. This chapter offers a comparative, empirical examination of the operation of GFB legislation in the Canadian province of British Columbia (2003–2012) and Australia under the Fair Work Commission (2009–2012). Broad similarities exist between the jurisdictions (unions file most complaints; most complaints are voluntarily resolved; labour boards focus on bargaining process rather than substance in GFB cases). Instead of indicating fundamental differences in application of the law, differences in GFB operation likely reflect different stages of evolution of the principle.. Overall, this analysis indicates fundamental limits in the practical impact of GFB provisions.
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