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Framework for fairness: a purposive approach to labour law evaluation of the proposed Fair Pay Agreements
Graduate Thesis/Dissertation   Open access

Framework for fairness: a purposive approach to labour law evaluation of the proposed Fair Pay Agreements

Rachel Spencer
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2021
Handle:
https://hdl.handle.net/10523/47594
Appears in  Dissertations

Abstract

New Zealand Law Fair Pay Agreements labour law
The 'Fair Pay Agreement' (FPA) policy of sector wide collective bargaining represents the biggest change to New Zealand's (NZ) labour law in decades and the policy has sparked significant debate. 1 This dissertation will explore the FPA proposal and evaluate it through prominent labour law scholar Guy Davidov's ('Davidov') 'purposive approach'. The purposive approach provides a methodology to ascertain purposes or 'goals' (used interchangeably) of labour laws that can be then used to evaluate the 'means' of said laws. Applying this methodology, this dissertation will ascertain the descriptive and normative purposes of the FPA to provide a yardstick for evaluation. An implicit purpose of this dissertation is to demonstrate how labour law theory can assist in facilitating a coherent and purpose based evaluation of politically controversial labour laws such as the FPA.
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