A fact of importance is that only registers, unions and employers possess the ability to bargain through collective agreement, this is because of the fact that in order to negotiate such terms and conditions, the correct procedures must be followed. The Employment Relations Act 2000 was introduced in order to ensure good faith in Collective bargaining. It was through this that two opposite parties were compelled use their best efforts to agree respond and consider the proposals made equally by both the parties, negotiate on them and then come to a peaceful compromise, with no unpleasant rift in the relationship.
A situation that contradicts the collective bargaining choice is seen by the activities of the EFCA-Employees Free Choice Act. The EFCA was introduced to promote the free rights of employees, to support the current practice, but it did not actually promote the free choice of employees to choose the union, it eliminates this step. It goes on to further impose a Government settlement after 120 days of negotiations, which meant that if both parties were unable to come to a conclusion, the EFCA would execute its own decision.
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