Collective Agreements And Collective Bargaining Notes

Labour Law 31st May 2011: Collective Agreements and Collective Bargaining: One of the big aims of the ERA was to address the inherent inequality of bargaining power between employers and employees. In reaction to the Employment Contracts Act that posited a formal equality between employers and employees as partners to the contract. Normally, employers have much more bargaining power than employees. ERA to address the built in inequality in bargaining situations. Workers individually don't have a lot of power, but when they combine, they do. Important aim of ERA is to encourage the formation of unions and to encourage people to join unions. This is the way the act envisions equality of bargaining power can be achieved. Promoting equality of bargaining power by having independent unions. Not creatures of the employer. One of the cornerstones of making a more level playing field. Independent unions collectively bargain. The process of collective bargaining is infused by good faith. Infused repeatedly used by Margaret Wilson S4 Good faith, s32 good faith for collective bargaining - two key sections here. For the final exam. Every year there is a question on collective bargaining. Collective Agreements: Not collective employment agreements. A collective agreement is not a contract of service. Contract of service is an individual agreement between employer and employee. Collective agreement is a legislative not common law creation. Collective agreement can cover more than one workplace. Employees themselves don't have any role in the collective bargaining - conducted between employer and union. Only unions and employers are parties to collective agreements. Though the collective agreement will eventually cover the employees, the only parties are the union and employer. The fact that only unions and employers are the only parties, this has implications for the enforcement of rights. Either the union or employer who will try to enforce it. Collective agreements intended to build a continuing relationship between the parties. Contrast to previous legislation ECA. ECA parties were employer and employee and unions could only be a party with consent. Coverage of collective agreements - employees who come within the definition of the coverage clause in the collective agreement. Concept of the coverage clause comes from the old award system. Has to specify the work or type of work that the employees do - has to cover type of work because when new employees come in, and if and when they are covered by the coverage clause then they

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