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44 Comp. Lab. L. & Pol'y J. 109 (2024)
Moving beyond Enterprise-Based Collective Bargaining: Comparing New Zealand's Fair Pay Agreements Legislation and Australia's Multi-Employer Bargaining Reforms

handle is hein.journals/cllpj44 and id is 127 raw text is: MOVING BEYOND ENTERPRISE-BASED COLLECTIVE BARGAINING: COMPARING NEW ZEALAND'S FAIR PAY AGREEMENTS LEGISLATION AND AUSTRALIA'S MULTI- EMPLOYER BARGAINING REFORMS Anthony Forsytht ABSTRACT This article undertakes a comparative evaluation of the Fair Pay Agree- ments Act 2022 (NZ) and the multi-employer bargainingprovisions ofthe Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), ex- ploring the significance of these laws in seeking to shift the orientation of col- lective bargaining away from the enterprise level. After considering the aims and objectives ofthe NZ and Australian laws, the assessment encompasses the following aspects: the coverage of collective agreements; initiation of bargain- ing including employee support, public interest and other statutory tests; the bargaining process and goodfaith obligations; subjects ofbargaining; resolv- ing bargaining disputes and avenues to arbitration; and completion of bar- gaining. The evaluation includes examination of early evidence as to how the new Australian provisions are operating, and how the FPA Act was being uti- lized prior to its repeal in late 2023. In the concluding section, several com- parative observations are made about these reforms of collective bargaining regulation, highlighting their strengths and deficiencies as measures intended to realize the goal of extending bargaining beyond the confines of the enter- prise - and therefore increase collective agreement coverage. Keywords: collective bargaining, fair pay agreements, sectoral bar- gaining, multi-employer bargaining ¶ Senior Legal Officer, Australian Council of Trade Unions; on leave from position of Distin- guished Professor, Graduate School of Business and Law, RMIT University, Australia: anthonyLfor- sythnrmit.edu.au. This article was originally presented at the NZ Labour Law Society Conference in Auckland on 17 November 2023. Thanks to Simon Schofield, Professional Teaching Fellow at University of Auckland Law School, for providing helpful information about the FPA system and feedback on an early draft; Thomas Dillon, Juris Doctor Student at Melbourne Law School, for excellent research assis- tance on developments in New Zealand; and the Journal's anonymous referees for their critiques and help- ful suggestions for improvement of the original text. 109

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