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The Employment Contracts Act 1991 radically transformed the system of employment relations in New Zealand. Proponents of the Act claim that it gives employers and employees “freedom of choice” and the ability to arrive at “flexible” working arrangements which are mutually beneficial. But how much “freedom of choice” do employees in the secondary labour market have, and to what extent are the “flexible” agreements mutually beneficial? This paper reports on research carried out in the retail sector. It finds that retail workers have little freedom of choice, and flexibility is all one way. The paper also raises questions about research in the secondary labour market. Given the concerns of so many about issues of equity under the Employment Contracts Act, why has there been so little research in this area?

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