ABSTRACT
This Chapter explores the collective bargaining system of the United States (US), operating under the National Labor Relations Act 1935 (NLRA, or Wagner Act) 1 —as a basis for comparing the collective bargaining framework recently introduced in Australia. The origins and stated purposes of the NLRA are examined, along with shifts in these objectives through legislative amendments and interpretations by the National Labor Relations Board (NLRB) and US courts over the years. Comparisons are drawn with the goals of the collective bargaining system operating under Part 2–4 of the Fair Work Act 2009 (FW Act). The chapter also focuses on three key concepts in the US collective bargaining framework: the certification/recognition process, the exclusive representation rights of a certified union and employee bargaining units. 2 The chapter attempts to identify approximate Australian equivalents to the three US concepts, and to consider whether, and if so, how, the FW Act adapts these concepts in the process of ‘transplanting’ American collective bargaining law onto Australian soil. The ultimate objective of the chapter is to use this analysis to develop some preliminary conclusions about whether this exercise in transplantation will be successful.
