Employment contracts, in contrast to commercial contracts, are presumed not to be the product of an agreement between parties
of equal bargain power.
Not exact matches
It continues a recent trend from the Court
of Appeal in confirming that employment agreements can not be approached in the same manner as commercial agreements (given that employees typically lack
equal bargaining power), and as such, require protection.
What is significant in terms
of Australia's international obligations is whether the
bargaining power of Indigenous parties to a native title agreement is
equal to that
of non-Indigenous parties.
The Chairman
of the Committee pointed out the implications for Indigenous people
of the Government seeing its role as the mediator
of interest groups, rather than as a negotiator with Indigenous people who had
equal bargaining power in the negotiation process.