The object of this Act is—

• (a) to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship—

  • (i) by recognising that employment relationships must be built not only on the implied mutual obligations of trust and confidence, but also on a legislative requirement for good faith behaviour; and

  • (ii) by acknowledging and addressing the inherent inequality of power in employment relationships; and

  • (iii) by promoting collective bargaining; and

  • (iv) by protecting the integrity of individual choice; and

  • (v) by promoting mediation as the primary problem-solving mechanism; and

  • (vi) by reducing the need for judicial intervention; and

• (b) to promote observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association, and Convention 98 on the Right to Organise and Bargain Collectively.

(1) The parties to an employment relationship specified in subsection (2)—

• (a) must deal with each other in good faith; and

• (b) without limiting paragraph (a), must not, whether directly or indirectly, do anything—

  • (i) to mislead or deceive each other; or

  • (ii) that is likely to mislead or deceive each other.

(1A) The duty of good faith in subsection (1)—

• (a) is wider in scope than the implied mutual obligations of trust and confidence; and

• (b) requires the parties to an employment relationship to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are, among other things, responsive and communicative; and

• (c) without limiting paragraph (b), requires an employer who is proposing to make a decision that will, or is likely to, have an adverse effect on the continuation of employment of 1 or more of his or her employees to provide to the employees affected—

  • (i) access to information, relevant to the continuation of the employees' employment, about the decision; and

  • (ii) an opportunity to comment on the information to their employer before the decision is made.

(1B) Subsection (1A)(c) does not require an employer to provide access to confidential information if there is good reason to maintain the confidentiality of the information.

(1C) For the purpose of subsection (1B), good reason includes—

• (a) complying with statutory requirements to maintain confidentiality:

• (b) protecting the privacy of natural persons:

• (c) protecting the commercial position of an employer from being unreasonably prejudiced.

(2) The employment relationships are those between—

• (a) an employer and an employee employed by the employer:

• (b) a union and an employer:

• (c) a union and a member of the union:

• (d) a union and another union that are parties bargaining for the same collective agreement:

• (e) a union and another union that are parties to the same collective agreement:

• (f) a union and a member of another union where both unions are bargaining for the same collective agreement:

• (g) a union and a member of another union where both unions are parties to the same collective agreement:

• (h) an employer and another employer where both employers are bargaining for the same collective agreement.

(3) Subsection (1) does not prevent a party to an employment relationship communicating to another person a statement of fact or of opinion reasonably held about an employer's business or a union's affairs.

(4) The duty of good faith in subsection (1) applies to the following matters:

• (a) bargaining for a collective agreement or for a variation of a collective agreement, including matters relating to the initiation of the bargaining:

• (b) any matter arising under or in relation to a collective agreement while the agreement is in force:

• (ba) bargaining for an individual employment agreement or for a variation of an individual employment agreement:

• (bb) any matter arising under or in relation to an individual employment agreement while the agreement is in force:

• (c) consultation (whether or not under a collective agreement) between an employer and its employees, including any union representing the employees, about the employees' collective employment interests, including the effect on employees of changes to the employer's business:

• (d) a proposal by an employer that might impact on the employer's employees, including a proposal to contract out work otherwise done by the employees or to sell or transfer all or part of the employer's business:

• (e) making employees redundant:

• (f) access to a workplace by a representative of a union:

• (g) communications or contacts between a union and an employer relating to any secret ballots held for the purposes of bargaining for a collective agreement.

(5) The matters specified in subsection (4) are examples and do not limit subsection (1).

(6) It is a breach of subsection (1) for an employer to advise, or to do anything with the intention of inducing, an employee—

• (a) not to be involved in bargaining for a collective agreement; or

• (b) not to be covered by a collective agreement.

A party to an employment relationship who fails to comply with the duty of good faith in section 4(1) is liable to a penalty under this Act if—

• (a) the failure was deliberate, serious, and sustained; or

• (b) the failure was intended to undermine—

  • (i) bargaining for an individual employment agreement or a collective agreement; or

  • (ii) an individual employment agreement or a collective agreement; or

  • (iii) an employment relationship; or

• (c) the failure was a breach of section 59B or section 59C.

In this Act, unless the context otherwise requires,—

(1) In this Act, unless the context otherwise requires, employee—

• (a) means any person of any age employed by an employer to do any work for hire or reward under a contract of service; and

• (b) includes—

  • (i) a homeworker; or

  • (ii) a person intending to work; but

• (c) excludes a volunteer who—

  • (i) does not expect to be rewarded for work to be performed as a volunteer; and

  • (ii) receives no reward for work performed as a volunteer.

(2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the court or the Authority (as the case may be) must determine the real nature of the relationship between them.

(3) For the purposes of subsection (2), the court or the Authority—

• (a) must consider all relevant matters, including any matters that indicate the intention of the persons; and

• (b) is not to treat as a determining matter any statement by the persons that describes the nature of their relationship.

(4) Subsections (2) and (3) do not limit or affect the Real Estate Agents Act 2008 or the Sharemilking Agreements Act 1937.

(5) The court may, on the application of a union, a Labour Inspector, or 1 or more other persons, by order declare whether the person or persons named in the application are—

• (a) employees under this Act; or

• (b) employees or workers within the meaning of any of the Acts specified in section 223(1).

(6) The court must not make an order under subsection (5) in relation to a person unless—

• (a) the person—

  • (i) is the applicant; or

  • (ii) has consented in writing to another person applying for the order; and

• (b) the other person who is alleged to be the employer of the person is a party to the application or has an opportunity to be heard on the application.

(1) In this Act, an example is only illustrative of the provision it relates to and does not limit the provision.

(2) If an example and the provision it relates to are inconsistent, the provision prevails.

(3) In this section, example includes any note that relates to the example.

The object of this Part is to establish that—

• (a) employees have the freedom to choose whether or not to form a union or be members of a union for the purpose of advancing their collective employment interests; and

• (b) no person may, in relation to employment issues, confer any preference or apply any undue influence, directly or indirectly, on another person because the other person is or is not a member of a union.

A contract, agreement, or other arrangement between persons must not require a person—

• (a) to become or remain a member of a union or a particular union; or

• (b) to cease to be a member of a union or a particular union; or

• (c) not to become a member of a union or a particular union.

(1) A contract, agreement, or other arrangement between persons must not confer on a person, because the person is or is not a member of a union or a particular union,—

• (a) any preference in obtaining or retaining employment; or

• (b) any preference in relation to terms or conditions of employment (including conditions relating to redundancy) or fringe benefits or opportunities for training, promotion, or transfer.

(2) Subsection (1) is not breached simply because an employee's employment agreement or terms and conditions of employment are different from those of another employee employed by the same employer.

(3) To avoid doubt, this Act does not prevent a collective agreement containing a term or condition that is intended to recognise the benefits—

• (a) of a collective agreement:

• (b) arising out of the relationship on which a collective agreement is based.

A contract, agreement, or other arrangement has no force or effect to the extent that it is inconsistent with section 8 or section 9.

(1) A person must not exert undue influence, directly or indirectly, on another person with the intention of inducing the other person—

• (a) to become or remain a member of a union or a particular union; or

• (b) to cease to be a member of a union or a particular union; or

• (c) not to become a member of a union or a particular union; or

• (d) in the case of an individual who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or

• (e) to resign from or leave any employment on account of the fact that the other person is or, as the case may be, is not a member of a union or of a particular union.

(2) Every person who contravenes subsection (1) is liable to a penalty under this Act imposed by the Authority.

The object of this Part is—

• (a) to recognise the role of unions in promoting their members' collective employment interests; and

• (b) to provide for the registration of unions that are accountable to their members; and

• (c) to confer on registered unions the right to represent their members in collective bargaining; and

• (d) to provide representatives of registered unions with reasonable access to workplaces for purposes related to employment and union business.

(1) A society that is entitled to be registered as a union may apply to the Registrar of Unions to be registered as a union under this Act.

(2) An application must be made in the prescribed manner and must be accompanied by—

• (a) a copy of the society's certificate of incorporation under the Incorporated Societies Act 1908; and

• (b) a copy of the society's rules as registered under that Act; and

• (c) a statutory declaration made by an officer of the society setting out the reasons why the society is entitled to be registered as a union.

(1) A society is entitled to be registered as a union if—

• (a) the object or, if the society has more than 1 object, an object of the society is to promote its members' collective employment interests; and

• (b) the society is incorporated under the Incorporated Societies Act 1908; and

• (c) the society's rules are—

  • (i) not unreasonable; and

  • (ii) democratic; and

  • (iii) not unfairly discriminatory or unfairly prejudicial; and

  • (iv) not contrary to law; and

• (d) the society is independent of, and is constituted and operates at arm's length from, any employer.

(2) In deciding whether a society is entitled to be registered as a union, the Registrar of Unions may rely on the statutory declaration made under section 13(2)(c).

(1) The Registrar of Unions must register a society as a union if the society—

• (a) applies, in accordance with section 13, to be registered as a union; and

• (b) is entitled to be registered as a union.

(2) Immediately after registering a union, the Registrar of Unions must give a certificate of registration in the prescribed form to the union.

(3) The certificate of registration is conclusive evidence that—

• (a) all the requirements of this Act relating to the registration of the union have been complied with; and

• (b) on and from the date of registration stated in the certificate, the union is registered as a union under this Act.

A union must deliver to the Registrar of Unions, not later than 1 June in each calendar year, an annual return of members, stating how many members it had as at 1 March in that year.

(1) The Registrar of Unions may cancel the registration of a union under this Act, but only if—

• (a) the union applies to the Registrar of Unions to cancel its registration; or

• (b) the Authority makes an order directing the Registrar of Unions to cancel the union's registration.

(2) The Authority may make an order for the purposes of subsection (1)(b) only if the union has ceased to comply with section 14(1).

(1) A union is entitled to represent its members in relation to any matter involving their collective interests as employees.

(2) This Act does not prevent a union offering different classes of membership.

(3) A union may represent an employee in relation to the employee's individual rights as an employee only if the union has an authority from the employee to do so given under section 236.

For the purposes of sections 20 to 25, workplace does not include a dwellinghouse.

(1) A representative of a union is entitled, in accordance with this section and section 21, to enter a workplace—

• (a) for purposes related to the employment of its members; or

• (b) for purposes related to the union's business; or

• (c) both.

(2) The purposes related to the employment of a union's members include—

• (a) to participate in bargaining for a collective agreement:

• (b) to deal with matters concerning the health and safety of union members:

• (c) to monitor compliance with the operation of a collective agreement:

• (d) to monitor compliance with this Act and other Acts dealing with employment-related rights in relation to union members:

• (e) with the authority of an employee, to deal with matters relating to an individual employment agreement or a proposed individual employment agreement or an individual employee's terms and conditions of employment or an individual employee's proposed terms and conditions of employment:

• (f) to seek compliance with relevant requirements in any case where non-compliance is detected.

(3) The purposes related to a union's business include—

• (a) to discuss union business with union members:

• (b) to seek to recruit employees as union members:

• (c) to provide information on the union and union membership to any employee on the premises.

(4) A discussion in a workplace between an employee and a representative of a union, who is entitled under this section and section 21 to enter the workplace for the purpose of the discussion,—

• (a) must not exceed a reasonable duration; and

• (b) is not to be treated as a union meeting for the purposes of section 26.

(5) An employer must not deduct from an employee's wages any amount in respect of the time the employee is engaged in a discussion referred to in subsection (4).

(1) A representative of a union may enter a workplace—

• (a) for a purpose specified in section 20(2) if the representative believes, on reasonable grounds, that a member of the union, to whom the purpose of the entry relates, is working or normally works in the workplace:

• (b) for a purpose specified in section 20(3) if the representative believes, on reasonable grounds, that the union's membership rule covers an employee who is working or normally works in the workplace.

(2) A representative of a union exercising the right to enter a workplace—

• (a) may do so only at reasonable times during any period when any employee is employed to work in the workplace; and

• (b) must do so in a reasonable way, having regard to normal business operations in the workplace; and

• (c) must comply with any existing reasonable procedures and requirements applying in respect of the workplace that relate to—

  • (i) safety or health; or

  • (ii) security.

(3) A representative of a union exercising the right to enter a workplace must, at the time of the initial entry and, if requested by the employer or a representative of the employer or by a person in control of the workplace, at any time after entering the workplace,—

• (a) give the purpose of the entry; and

• (b) produce—

  • (i) evidence of his or her identity; and

  • (ii) evidence of his or her authority to represent the union concerned.

(4) If a representative of a union exercises the right to enter a workplace and is unable, despite reasonable efforts, to find the employer or a representative of the employer or the person in control of the workplace, the representative must leave in a prominent place in the workplace a written statement of—

• (a) the identity of the person who entered the premises; and

• (b) the union the person is a representative of; and

• (c) the date and time of entry; and

• (d) the purpose or purposes of the entry.

(5) Nothing in subsections (1) to (4) allows an employer to unreasonably deny a representative of a union access to a workplace.

(1) A representative of a union may be denied access to a workplace if entry to the premises or any part of the premises might prejudice—

• (a) the security or defence of New Zealand; or

• (b) the investigation or detection of offences.

(2) A certificate given in accordance with subsection (3) is conclusive evidence that grounds exist under subsection (1) for denying entry to the premises or part of the premises.

(3) A certificate is given in accordance with this subsection if—

• (a) it is given by the Attorney-General; and

• (b) it certifies, in respect of the premises or part of the premises concerned, that permitting entry under section 20 might prejudice—

  • (i) the security or defence of New Zealand; or

  • (ii) the investigation or detection of offences.

A representative of a union may be denied access to a workplace if—

• (a) all the employees employed in the workplace are employed by an employer who holds a current certificate of exemption issued under section 24; and

• (b) none of the employees employed in the workplace is a member of a union; and

• (c) there are no more than 20 employees employed to work in the workplace.

(1) The chief executive may, for the purposes of section 23, issue a certificate of exemption to an employer who is an individual if the chief executive is satisfied that the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of any organisation or body other than the religious society or order of which the employer is a member.

(2) The chief executive may revoke a certificate of exemption if—

• (a) the employer to whom it has been issued agrees; or

• (b) it was issued in error; or

• (c) the chief executive is satisfied that the employer has ceased to be a person eligible to be issued with the certificate.

Every person is liable to a penalty, imposed by the Authority, who, without lawful excuse,—

• (a) refuses to allow a representative of a union to enter a workplace; or

• (b) obstructs a representative of a union in entering a workplace or in doing anything reasonably necessary for or incidental to the purpose for entering the workplace; or

• (c) wilfully fails to comply with section 21.

(1) An employer must allow every union member employed by the employer to attend—

• (a) at least 1 union meeting (of a maximum of 2 hours' duration) in the calendar year 2000; and

• (b) at least 2 union meetings (each of a maximum of 2 hours' duration) in each calendar year after the calendar year 2000.

(2) The union must give the employer at least 14 days' notice of the date and time of any union meeting to which subsection (1) applies.

(3) The union must make such arrangements with the employer as may be necessary to ensure that the employer's business is maintained during any union meeting to which subsection (1) applies, including, where appropriate, an arrangement for sufficient union members to remain available during the meeting to enable the employer's operations to continue.

(4) Work must resume as soon as practicable after the meeting, but the employer is not obliged to pay any union member for a period longer than 2 hours in respect of any meeting.

(5) An employer must allow a union member employed by the employer to attend a union meeting under subsection (1) on ordinary pay to the extent that the employee would otherwise be working for the employer during the meeting.

(6) For the purposes of subsection (5), the union must—

• (a) supply to the employer a list of members who attended the union meeting; and

• (b) advise the employer of the duration of the meeting.

(7) Every employer who fails to allow a union member to attend a union meeting in accordance with this section is liable to a penalty imposed by the Authority.

(1) The chief executive may appoint an employee of the department to be the Registrar of Unions, and may appoint another employee of the department to be the Deputy Registrar of Unions.

(2) An employee appointed under subsection (1) may also hold any other office or position in the department.

(3) Subject to the control and direction of the Registrar of Unions, the Deputy Registrar of Unions has and may exercise all the powers, duties, and functions of the Registrar.

(1) The Registrar of Unions may apply to the Authority for directions relating to the exercise of his or her powers, duties, or functions under this Part.

(2) An application must be served on all persons who, in the Registrar's opinion, are interested in the application.

The following persons have standing to commence or be a party to or be heard on matters within the Authority's jurisdiction that relate to a union under this Part:

• (a) the union:

• (b) a member of the union:

• (c) another union with a direct interest in the proceedings:

• (d) the Registrar of Unions:

• (e) an employer who is directly affected by the existence of the union or its activities:

• (f) with the leave of the Authority, any other person.

Every person commits an offence and is liable on conviction by the court to a fine not exceeding $5,000 who does or says anything, or omits to do or say anything, with the intention of misleading or attempting to mislead the Registrar of Unions.

The object of this Part is—

• (a) to provide the core requirements of the duty of good faith in relation to collective bargaining; and

• (aa) to provide that the duty of good faith in section 4 requires parties bargaining for a collective agreement to conclude a collective agreement unless there is a genuine reason, based on reasonable grounds, not to; and

• (b) to provide for 1 or more codes of good faith to assist the parties to understand what good faith means in collective bargaining; and

• (c) to recognise the view of parties to collective bargaining as to what constitutes good faith; and

• (d) to promote orderly collective bargaining; and

• (e) to ensure that employees confirm proposed collective bargaining for a multi-party collective agreement.

(1) The duty of good faith in section 4 requires a union and an employer bargaining for a collective agreement to do, at least, the following things:

• (a) the union and the employer must use their best endeavours to enter into an arrangement, as soon as possible after the initiation of bargaining, that sets out a process for conducting the bargaining in an effective and efficient manner; and

• (b) the union and the employer must meet each other, from time to time, for the purposes of the bargaining; and

• (c) the union and employer must consider and respond to proposals made by each other; and

• (ca) even though the union and the employer have come to a standstill or reached a deadlock about a matter, they must continue to bargain (including doing the things specified in paragraphs (b) and (c)) about any other matters on which they have not reached agreement; and

• (d) the union and the employer—

  • (i) must recognise the role and authority of any person chosen by each to be its representative or advocate; and

  • (ii) must not (whether directly or indirectly) bargain about matters relating to terms and conditions of employment with persons whom the representative or advocate are acting for, unless the union and employer agree otherwise; and

  • (iii) must not undermine or do anything that is likely to undermine the bargaining or the authority of the other in the bargaining; and

• (e) the union and employer must provide to each other, on request and in accordance with section 34, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining.

(2) Subsection (1)(b) does not require a union and an employer to continue to meet each other about proposals that have been considered and responded to.

(3) The matters that are relevant to whether a union and an employer bargaining for a collective agreement are dealing with each other in good faith include—

• (a) the provisions of a code of good faith that are relevant to the circumstances of the union and the employer; and

• (b) the provisions of any agreement about good faith entered into by the union and the employer; and

• (c) the proportion of the employer's employees who are members of the union and to whom the bargaining relates; and

• (d) any other matter considered relevant, including background circumstances and the circumstances of the union and the employer.

(4) For the purposes of subsection (3)(d), circumstances, in relation to a union and an employer, include—

• (a) the operational environment of the union and the employer; and

• (b) the resources available to the union and the employer.

(5) This section does not limit the application of the duty of good faith in section 4 in relation to bargaining for a collective agreement.

(1) The duty of good faith in section 4 requires a union and an employer bargaining for a collective agreement to conclude a collective agreement unless there is a genuine reason, based on reasonable grounds, not to.

(2) For the purposes of subsection (1), genuine reason does not include—

• (a) opposition or objection in principle to bargaining for, or being a party to, a collective agreement; or

• (b) disagreement about including in a collective agreement a bargaining fee clause under Part 6B.

(1) This section applies for the purposes of section 32(1)(e).

(2) A request by a union or an employer to the other for information must—

• (a) be in writing; and

• (b) specify the nature of the information requested in sufficient detail to enable the information to be identified; and

• (c) specify the claim or the response to a claim in respect of which information to support or substantiate the claim or the response is requested; and

• (d) specify a reasonable time within which the information is to be provided.

(3) A union or an employer must provide the information requested—

• (a) direct to the other; or

• (b) to an independent reviewer if the union or employer providing the information reasonably considers that it should be treated as confidential information.

(4) A person must not act as an independent reviewer unless appointed by mutual agreement of the union and employer.

(5) As soon as practicable after receiving information under subsection (3), an independent reviewer must—

• (a) decide whether and, if so, to what extent the information should be treated as confidential; and

• (b) advise the union and employer concerned of the decision.

(6) If an independent reviewer decides that the information should be treated as confidential, the independent reviewer must—

• (a) decide whether and, if so, to what extent the information supports or substantiates the claim or the response to a claim in respect of which the information is requested; and

• (b) advise the union and employer concerned of the decision in a way that maintains the confidentiality of the information; and

• (c) answer any questions from the union or employer that requested the information, in a way that maintains the confidentiality of the information.

(7) Unless the union and employer otherwise agree, information provided under subsection (3) and advice and answers provided under subsections (5) and (6)—

• (a) must be used only for the purposes of the bargaining concerned; and

• (b) must be treated as confidential by the persons conducting the bargaining concerned; and

• (c) must not be disclosed by those persons to anyone else, including persons who would be bound by the collective agreement being bargained for.

(8) This section does not limit or affect the Privacy Act 1993.

(9) Nothing in the Official Information Act 1982 (except section 6) enables an employer that is subject to that Act to withhold information that is required under section 32(1)(e).

(1) The Minister may, by notice in the Gazette,—

• (a) approve 1 or more codes of good faith recommended by the committee appointed under section 36:

• (b) approve 1 or more codes of good faith if section 37 applies.

(2) The notice in the Gazette may, instead of setting out the code of good faith being approved, provide sufficient information to identify the code, specify the date on which it comes into force, and state where copies of the code may be obtained.

(3) The purpose of a code of good faith is to provide guidance about the application of the duty of good faith in section 4 in relation to collective bargaining—

• (a) generally; or

• (b) in relation to particular types of situations; or

• (c) in relation to particular parts or areas of the employment environment.

(1) The Minister may appoint a committee for the purpose of recommending to the Minister 1 or more codes of good faith.

(2) The membership of the committee must comprise—

• (a) at least 1 person who represents unions; and

• (b) at least 1 person who represents employers' organisations; and

• (c) such other persons as the Minister thinks fit to appoint.

(3) The Minister must appoint the same number of persons under both subsection (2)(a) and subsection (2)(b).

(4) The chairperson of the committee is the member appointed by the Minister to be the chairperson.

(5) Subject to any directions given to it by the Minister, the committee may determine its own procedure.

(1) The Minister may approve a code of good faith under section 35(1)(b) if—

• (a) the committee has not recommended a code of good faith within a time specified by the Minister; or

• (b) the Minister declines to approve a code of good faith recommended by the committee.

(2) Before the Minister approves a code of good faith under section 35(1)(b), the Minister may consult such persons and organisations as the Minister thinks appropriate.

(3) If the Minister declines to approve a code of good faith recommended by the committee, the Minister must notify the committee—

• (a) that the Minister has declined to approve the code; and

• (b) of the reasons for declining to approve the code.

A code of good faith may be amended or revoked in the same manner as the code is approved.

The Authority or court may, in determining whether or not a union and an employer have dealt with each other in good faith in bargaining for a collective agreement, have regard to a code of good faith approved under section 35 that—

• (a) was in force at the relevant time; and

• (b) in the form in which it was then in force, related to the circumstances before the Authority or the court.

(1) Bargaining for a collective agreement may be initiated by—

• (a) 1 or more unions with 1 or more employers; or

• (b) 1 or more employers with 1 or more unions.

(2) However, bargaining for a collective agreement may not be initiated by an employer (whether alone or with other employers) unless the coverage clause will cover work (whether in whole or in part) that is or was covered by another collective agreement to which the employer is or was a party.

(1) If there is no applicable collective agreement in force between a union and an employer, the union or the employer may initiate bargaining with the other at any time.

(2) Subsection (1) applies subject to section 40(2).

(3) If there is an applicable collective agreement in force,—

• (a) a union must not initiate bargaining earlier than 60 days before the date on which the collective agreement expires:

• (b) an employer must not initiate bargaining earlier than 40 days before the date on which the collective agreement expires.

(4) However, if there is more than 1 applicable collective agreement in force that binds 1 or more unions or 1 or more employers or both that are intended to be parties to the bargaining, then—

• (a) a union must not initiate bargaining before the later of the following dates:

  • (i) the date that is 120 days before the date on which the last applicable collective agreement expires:

  • (ii) the date that is 60 days before the date on which the first applicable collective agreement expires:

• (b) an employer must not initiate bargaining before the later of the following dates:

  • (i) the date that is 100 days before the date on which the last applicable collective agreement expires:

  • (ii) the date that is 40 days before the date on which the first applicable collective agreement expires.

(5) For the purposes of this section, an applicable collective agreement is in force between a union and an employer if the agreement binds employees whose work is intended to come within the coverage clause in the collective agreement being bargained for.

(1) A union or employer initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection (2).

(2) A notice complies with this subsection if—

• (a) it is in writing and signed by the union or the employer giving the notice or its duly authorised representative; and

• (b) it identifies each of the intended parties to the collective agreement; and

• (c) it identifies the intended coverage of the collective agreement.

An employer that initiates bargaining or that receives a notice initiating bargaining for a collective agreement must, as soon as possible but not later than 10 days after initiating the bargaining or receiving the notice, draw the existence and coverage of the bargaining, and the intended parties to it, to the attention of all employees (whether or not members of a union concerned) whose work would be covered by the intended coverage clause if the collective agreement were entered into.

(1) Bargaining for a collective agreement is initiated,—

• (a) if only 1 notice is required under section 42, on the day on which the notice is given:

• (b) if more than 1 notice is required under section 42, on the day on which the last notice is given.

(2) Consolidated bargaining for a single collective agreement under section 50 is initiated on the day by which all the unions concerned agree to the request from the employer to consolidate bargaining initiated by the unions.

(1) This section applies to—

• (a) 1 union proposing to initiate bargaining with 2 or more employers for a single collective agreement:

• (b) 2 or more unions proposing to initiate bargaining with 1 or more employers for a single collective agreement.

(2) Before bargaining for the single collective agreement is initiated under section 42, the union or each union (as the case may require) must hold, in accordance with its rules, separate secret ballots of its members employed by each employer intended to be a party to the bargaining.

(3) A secret ballot may be held only if the members of the union employed by the employer are—

• (a) not covered by an applicable collective agreement that is in force; or

• (b) covered by an applicable collective agreement that is in force and the secret ballot is held not earlier than 60 days before the time within which bargaining may be initiated by the union under section 41.

(4) The result of a secret ballot of members of the union employed by an employer is determined by a simple majority of the members who are entitled to vote and who do vote.

(5) If, at the conclusion of the secret ballots, 2 or more secret ballots have resulted in a decision in favour of bargaining for a single collective agreement, then the union proposing to initiate bargaining for a single collective agreement may initiate bargaining by giving a notice in accordance with section 42 to each employer in respect of which a secret ballot has resulted in a decision in favour of bargaining for a single collective agreement.

(6) The notice must include the following additional information in respect of each employer whose employees voted in a secret ballot:

• (a) the name of the employer; and

• (b) the number of the employer's employees who are members of the union; and

• (c) the number of those members who voted; and

• (d) the number of those members who voted in favour of bargaining for a single collective agreement.

The question to be voted on in a secret ballot for the purposes of section 45 is—

• (a) whether the member is in favour of bargaining for a single collective agreement, irrespective of the employers or unions concerned; or

• (b) whether the member is in favour of bargaining for a single collective agreement with named employers or unions; or

• (c) whether the member is in favour of bargaining for a single collective agreement except with 1 or more named employers or unions.

(1) This section applies to—

• (a) 2 or more unions in relation to which 1 employer has initiated bargaining for a single collective agreement:

• (b) 1 or more unions in relation to which 2 or more employers have initiated bargaining for a single collective agreement.

(2) A union to which subsection (1)(a) applies must hold a secret ballot of its members employed by the employer if the union considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.

(3) A union to which subsection (1)(b) applies must hold a secret ballot of its members employed by an employer to which subsection (1)(b) applies if it considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.

(4) A secret ballot held under subsection (2) or subsection (3) must be held in accordance with sections 45 and 46, and those sections apply with all necessary modifications.

(5) At the conclusion of a secret ballot, the union must inform the following employers of the result of the secret ballot:

• (a) the employer of the employees in respect of whom the secret ballot has been held; and

• (b) if subsection (1)(b) applies, the other employers concerned.

(6) At the conclusion of the secret ballots, bargaining for a single collective agreement may continue,—

• (a) where subsection (1)(a) applies, if the members of each of the 2 unions or of a majority of the unions, if more than 2,—

  • (i) have voted in favour of bargaining for a single collective agreement with the employer; or

  • (ii) are considered by their union to be in favour of bargaining for a single collective agreement with the employer; or

  • (iii) both; or

• (b) where subsection (1)(b) applies, if the members of the union or of each union, if there are 2, or of a majority of the unions, if more than 2,—

  • (i) have voted in favour of bargaining for a single collective agreement with the 2 or more employers; or

  • (ii) are considered by the union or each union, as the case may be, to be in favour of bargaining for a single collective agreement with the 2 or more employers; or

  • (iii) both.

Sections 45, 46, and 47 do not apply to bargaining for a single collective agreement if—

• (a) the collective agreement is intended to replace a single collective agreement that is in force; and

• (b) the parties to the bargaining are 2 or more of the same parties to the single collective agreement; and

• (c) the scope of the coverage clause is not wider than the scope of the coverage clause in the single collective agreement.

(1) A union or employer may become a party to bargaining for a collective agreement after bargaining has been initiated, but only if the requirements of this section are met.

(2) The union or employer that wishes to become a party to the bargaining must, at the time that it seeks to become a party, meet the requirements (including but not limited to those for secret ballots) that would have applied if the union or employer had been a party at the initiation of the bargaining.

(3) The parties to the bargaining must consent to the union or employer becoming a party to the bargaining.

(1) This section applies if—

• (a) an employer receives 2 or more notices under section 42 from different unions; and

• (b) the notices relate, in whole or in part, to the same type of work.

(2) The employer may, within 40 days after receiving the first notice, request each union concerned to consolidate the bargaining initiated by each notice into bargaining for a single collective agreement.

(3) Each union receiving a request under subsection (2) must, within 30 days after receiving the request,—

• (a) agree to the request; or

• (b) withdraw the notice given under section 42.

(4) A union that does not comply with subsection (3) is to be treated as if it had withdrawn the notice given under section 42.

(5) If all the unions concerned agree to the request, the bargaining initiated by each notice is consolidated into bargaining for a single collective agreement.

(1) The purpose of sections 50B to 50I is to provide a process that enables 1 or more parties to collective bargaining who are having serious difficulties in concluding a collective agreement to seek the assistance of the Authority in resolving the difficulties.

(2) Sections 50B to 50I do not—

• (a) prevent the parties from seeking assistance from another person in resolving the difficulties; or

• (b) apply to any agreement or arrangement with the other person providing such assistance.

(1) One or more matters relating to bargaining for a collective agreement may be referred to the Authority for facilitation to assist in resolving difficulties in concluding the collective agreement.

(2) A reference for facilitation—

• (a) may be made by any party to the bargaining or 2 or more parties jointly; and

• (b) must be made on 1 or more of the grounds specified in section 50C(1).

(1) The Authority must not accept a reference for facilitation unless satisfied that 1 or more of the following grounds exist:

• (a) that—

  • (i) in the course of the bargaining, a party has failed to comply with the duty of good faith in section 4; and

  • (ii) the failure—

    • (A) was serious and sustained; and

    • (B) has undermined the bargaining:

• (b) that—

  • (i) the bargaining has been unduly protracted; and

  • (ii) extensive efforts (including mediation) have failed to resolve the difficulties that have precluded the parties from entering into a collective agreement:

• (c) that—

  • (i) in the course of the bargaining there has been 1 or more strikes or lockouts; and

  • (ii) the strikes or lockouts have been protracted or acrimonious:

• (d) that—

  • (i) in the course of bargaining, a party has proposed a strike or lockout; and

  • (ii) the strike or lockout, if it were to occur, would be likely to affect the public interest substantially.

(2) For the purposes of subsection (1)(d)(ii), a strike or lockout is likely to affect the public interest substantially if—

• (a) the strike or lockout is likely to endanger the life, safety, or health of persons; or

• (b) the strike or lockout is likely to disrupt social, environmental, or economic interests and the effects of the disruption are likely to be widespread, long-term, or irreversible.

(3) The Authority must not accept a reference in relation to bargaining for which the Authority has already acted as a facilitator unless—

• (a) circumstances relating to the bargaining have changed; or

• (b) the bargaining since the previous facilitation has been protracted.

A member of the Authority who facilitates collective bargaining must not be the member of the Authority who accepted the reference for facilitation.

(1) The process to be followed during facilitation—

• (a) must be conducted in private; and

• (b) is the process determined by the Authority.

(2) During facilitation, the collective bargaining that the facilitation relates to continues subject to the process determined by the Authority.

(3) During facilitation, the Authority—

• (a) is not acting as an investigative body; and

• (b) may not exercise the powers it has for investigating matters.

(4) The provision of facilitation by the Authority may not be challenged or called in question in any proceedings on the ground—

• (a) that the nature and content of the facilitation was inappropriate; or

• (b) that the manner in which the facilitation was provided was inappropriate.

(1) A statement made by a party for the purposes of facilitation is not admissible against the party in proceedings under this Act.

(2) A party may make a public statement about facilitation only if—

• (a) it is made in good faith; and

• (b) it is limited to the process of facilitation or the progress being made.

(1) A proposal made by a party or a position reached by parties to collective bargaining during facilitation is not binding on a party after facilitation has come to an end.

(2) This section—

• (a) applies to avoid doubt; and

• (b) is subject to any agreement of the parties.

(1) While assisting parties to bargaining for a collective agreement, the Authority may make 1 or more recommendations about—

• (a) the process the parties should follow to reach agreement; or

• (b) the provisions of the collective agreement the parties should conclude; or

• (c) both.

(2) The Authority may give public notice of a recommendation in such manner as the Authority determines.

(3) A recommendation made by the Authority is not binding on a party, but a party must consider a recommendation before deciding whether to accept the recommendation.

During facilitation, a party to bargaining for a collective agreement must deal with the Authority in good faith.

(1) A party to bargaining for a collective agreement may apply, on the grounds specified in subsection (3), to the Authority for a determination fixing the provisions of the collective agreement being bargained for.

(2) The Authority may fix the provisions of the collective agreement being bargained for if it is satisfied that—

• (a) the grounds in subsection (3) have been made out; and

• (b) it is appropriate, in all the circumstances, to do so.

(3) The grounds are that—

• (a) a breach of the duty of good faith in section 4—

  • (i) has occurred in relation to the bargaining; and

  • (ii) was sufficiently serious and sustained as to significantly undermine the bargaining; and

• (b) all other reasonable alternatives for reaching agreement have been exhausted; and

• (c) fixing the provisions of the collective agreement is the only effective remedy for the party or parties affected by the breach of the duty of good faith.

(4) The Authority may make a determination under this section whether or not any penalty for a breach of good faith has been awarded under section 4A in relation to the same bargaining and whether or not the breach is the same breach.

(5) The effect of a determination of the Authority fixing the provisions of a collective agreement is to make the collective agreement binding and enforceable as if it had been—

• (a) ratified as required by section 51; and

• (b) signed by the parties under section 54(1)(b).

(6) Section 59 applies to the determination as if it were a collective agreement.

(7) If the bargaining for the collective agreement was subject to facilitation under sections 50A to 50I, the member of the Authority who makes a determination under this section must not be the member of the Authority who conducted the facilitation if a party to the bargaining objects.

(1) A union must not sign a collective agreement or a variation of it unless the agreement or variation has been ratified in accordance with the ratification procedure notified under subsection (2).

(2) At the beginning of bargaining for a collective agreement or a variation of it, a union must notify the other intended party or parties to the collective agreement of the procedure for ratification by the employees to be bound by it that must be complied with before the union may sign the collective agreement or variation of it.

(1) A collective agreement comes into force on—

• (a) the date specified in the agreement as the date on which it comes into force; or

• (b) if no such date is specified, the date on which the last party to the agreement, or its duly authorised representative, signed the agreement.

(2) A collective agreement may provide that 1 or more of its provisions have effect from 1 or more dates before or after the date on which the agreement comes into force.

(3) A collective agreement expires on the close of the earliest of the following dates:

• (a) the date specified in the agreement as the date on which the agreement expires:

• (b) the date on which an event occurs, being an event that is specified by the agreement as an event on the occurrence of which the agreement expires:

• (c) the date that is the third anniversary of the agreement coming into force.

(4) Subsection (3) applies subject to section 53.

(1) A collective agreement that would otherwise expire as provided in section 52(3) continues in force—

• (a) if subsection (2) is complied with; and

• (b) for the period specified in subsection (3).

(2) This subsection is complied with if the union initiated collective bargaining before the collective agreement expired and for the purpose of replacing the collective agreement.

(3) The period is the period (not exceeding 12 months) during which bargaining continues for a collective agreement to replace the collective agreement that has expired.

(1) A collective agreement has no effect unless—

• (a) it is in writing; and

• (b) it is signed by each union and employer that is a party to the agreement.

(2) A collective agreement may contain such provisions as the parties to the agreement mutually agree on.

(3) However, a collective agreement—

• (a) must contain—

  • (i) a coverage clause; and

  • (ii) [Repealed]

  • (iii) a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to the period of 90 days in section 114 within which a personal grievance must be raised; and

  • (iv) a clause providing how the agreement can be varied; and

  • (v) the date on which the agreement expires or an event on the occurrence of which the agreement is to expire; and

• (b) must not contain anything—

  • (i) contrary to law; or

  • (ii) inconsistent with this Act.

(1) A collective agreement is to be treated as if it contains a provision that requires an employer that is a party to the agreement to deduct, with the consent of a union member, the member's union fee from the member's salary or wages on a regular basis during the year.

(2) A collective agreement may exclude or vary the effect of subsection (1).

(3) Union fees deducted from a member's salary or wages must be paid to the union concerned in accordance with any arrangement agreed with the union.

(1) A collective agreement that is in force binds and is enforceable by—

• (a) the union and the employer that are the parties to the agreement; and

• (b) employees—

  • (i) who are employed by an employer that is a party to the agreement; and

  • (ii) who are or become members of a union that is a party to the agreement; and

  • (iii) whose work comes within the coverage clause in the agreement.

(1A) However, an employee who is bound by a collective agreement and who holds a minimum wage exemption permit under section 8 of the Minimum Wage Act 1983 may be paid wages at the rate specified in the permit,—

• (a) while the permit is in force; and

• (b) if the union that is a party to the collective agreement agrees.

(2) If the registration of a union that is a party to a collective agreement is cancelled or the union ceases to be an incorporated society, the collective agreement continues to bind the employer or employers who are parties to the agreement, and the members of the union who were bound by the collective agreement immediately before the cancellation of the union's registration or the cessation of the union as an incorporated society.

(3) If the union's registration is cancelled as a result of the union's amalgamation with 1 or more other unions, the collective agreement binds the amalgamated union.

(1) An employer who is not a party to a collective agreement may become a party to the collective agreement if—

• (a) the agreement provides for an employer to become a party to the agreement after it has been signed by the original parties to the agreement; and

• (b) the work of some or all of the employer's employees comes within the coverage clause in the agreement; and

• (c) the employees referred to in paragraph (b) are not bound by another collective agreement in respect of their work for the employer; and

• (d) the employer notifies all the parties to the agreement in accordance with subsection (5) that the employer proposes to become a party to the agreement.

(2) On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5),—

• (a) the employer becomes a party to the collective agreement; and

• (b) the collective agreement also binds and is enforceable by—

  • (i) the employer:

  • (ii) employees—

    • (A) who are employed by the employer; and

    • (B) who are or become members of a union that is a party to the agreement; and

    • (C) whose work comes within the coverage clause in the agreement.

(3) A union that is not a party to a collective agreement may become a party to the collective agreement if—

• (a) the agreement provides for a union to become a party to the agreement after it has been signed by the original parties to the agreement; and

• (b) the union has members doing work that comes within the coverage clause of the collective agreement; and

• (c) as a result of a secret ballot of those members, a majority of them who are entitled to vote and do vote are in favour of the union becoming a party to the collective agreement; and

• (d) the union notifies all the parties to the collective agreement in accordance with subsection (5) that the union proposes to become a party to the agreement.

(4) On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5),—

• (a) the union becomes a party to the collective agreement; and

• (b) the collective agreement also binds and is enforceable by—

  • (i) the union:

  • (ii) employees—

    • (A) who are employed by an employer that is a party to the agreement; and

    • (B) who are or become members of the union; and

    • (C) whose work comes within the coverage clause in the agreement.

(5) For the purposes of this section, a party to a collective agreement is notified—

• (a) when the notice is given to the party; or

• (b) if the notice is posted to the party, on the seventh day after the day on which the notice is posted.

(6) For the purposes of subsection (1)(b) and (c), employees includes persons whom the employer might employ in the future.

If an employee is a member of more than 1 union, the employee is bound by only 1 collective agreement covering the same work done by the employee, being the collective agreement resulting from the bargaining first initiated which covered the employee's work.

(1) A member of a union who is bound by a collective agreement and who resigns as a member of the union but does not resign from his or her employment, may not be subject to any other bargaining for a collective agreement or bound by any other collective agreement until the 60th day before the expiry date of the collective agreement binding on the member before resigning as a member of the union.

(2) For the purposes of subsection (1), the expiry date of a collective agreement is determined under section 52(3) without taking section 53 into account.

(1) The parties to a collective agreement must ensure that, as soon as practicable after they enter into the agreement, a copy of the agreement is delivered to the chief executive.

(2) The copy of the agreement delivered to the chief executive must include any document referred to, or incorporated by reference, in the collective agreement, unless the document is publicly available.

(3) Nothing in the Official Information Act 1982 applies to copies of collective agreements delivered to the chief executive under subsection (1).

(4) The information contained in the copies of collective agreements delivered to the chief executive under subsection (1) must be used only for statistical or analytical purposes.

In sections 59B and 59C, reached, in relation to a term or condition in bargaining for a collective agreement, means a term or condition that the parties have agreed or accepted should be a term or condition of the collective agreement if the agreement is concluded and ratified.

(1) It is not a breach of the duty of good faith in section 4 for an employer to agree that a term or condition of employment of an employee who is not bound by a collective agreement should be the same or substantially the same as a term or condition in a collective agreement that binds the employer.

(2) However, it is a breach of the duty of good faith in section 4 for an employer to do so if—

• (a) the employer does so with the intention of undermining the collective agreement; and

• (b) the effect of the employer doing so is to undermine the collective agreement.

(3) It is not a breach of the duty of good faith in section 4 for an employer to agree that a term or condition of employment of an employee should be the same or substantially the same as a term or condition reached in bargaining for a collective agreement.

(4) However, it is a breach of the duty of good faith in section 4 for an employer to do so if—

• (a) the employer does so with the intention of undermining the collective bargaining; or

• (b) the effect of the employer doing so is to undermine the collective bargaining.

(5) It is not a breach of the duty of good faith in section 4 if anything referred to in subsection (2) or subsection (4) is done with the agreement of the union concerned.

(6) In determining whether subsection (2)(a) and (b) or subsection (4)(a) or (b) applies, the following matters must be taken into account:

• (a) whether the employer bargained with the employee before they agreed on the term or condition of employment:

• (b) whether the employer consulted the union in good faith before agreeing to the term or condition of employment:

• (c) the number of the employer's employees bound by the collective agreement or covered by the collective bargaining compared to the number of the employer's employees not bound by the collective agreement or not covered by the collective bargaining:

• (d) how long the collective agreement has been in force:

• (e) the application of section 63.

(7) Subsection (6) does not limit the matters that may be taken into account for the purposes of subsection (2)(a) and (b) or subsection (4)(a) or (b).

(8) Every employer who commits a breach of the duty of good faith under this section is liable to a penalty under this Act.

(1) It is not a breach of the duty of good faith in section 4 for an employer to conclude a collective agreement that contains 1 or more provisions that are the same or substantially the same as provisions in another collective agreement to which the employer is a party.

(2) However, it is a breach of the duty of good faith in section 4 for an employer to do so if—

• (a) the intention of the employer is to undermine the other collective agreement; and

• (b) the effect of the employer doing so is to undermine the other collective agreement.

(3) It is not a breach of the duty of good faith in section 4 for an employer to conclude a collective agreement that contains 1 or more provisions that are the same or substantially the same as provisions reached in bargaining for another collective agreement.

(4) However, it is a breach of the duty of good faith in section 4 for an employer to do so if—

• (a) the employer does so with the intention of undermining the other collective bargaining; or

• (b) the effect of the employer doing so is to undermine the other collective bargaining.

(5) It is not a breach of the duty of good faith in section 4 if anything referred to in subsection (2) or subsection (4) is done with the agreement of the parties to the other collective agreement or collective bargaining.

(6) In determining whether subsection (2)(a) and (b) or subsection (4)(a) or (b) applies, the following matters must be taken into account:

• (a) whether the employer and union bargained before agreeing on the provision:

• (b) whether the employer and union consulted, in good faith, the parties to the other collective agreement or collective bargaining:

• (c) the number of the employer's employees bound by the collective agreement or covered by the collective bargaining compared to the number of the employer's employees bound by the other collective agreement or covered by the other collective bargaining:

• (d) how long the other collective agreement has been in force.

(7) Subsection (4) does not limit the matters that may be taken into account for the purposes of subsection (2)(a) and (b) or subsection (4)(a) or (b).

(8) Every employer who commits a breach of the duty of good faith under this section is liable to a penalty under this Act.

The object of this Part is—

• (a) to specify the rules for determining the terms and conditions of an employee's employment; and

• (b) to require new employees, whose terms and conditions of employment are not determined with reference to a collective agreement, to be given sufficient information and an adequate opportunity to seek advice before entering into an individual employment agreement; and

• (c) to recognise that, in relation to individual employees and their employers, good faith behaviour is—

  • (i) promoted by providing protection against unfair bargaining; and

  • (ia) required when entering into and varying individual employment agreements; and

  • (ii) consistent with, but not limited to, the implied term of mutual trust and confidence in the relationship between employee and employer.

(1) The matters that are relevant to whether an employee and employer bargaining for an individual employment agreement are dealing with each other in good faith include the circumstances of the employee and employer.

(2) For the purposes of subsection (1), circumstances, in relation to an employee and an employer, include—

• (a) the operational environment of the employee and employer; and

• (b) the resources available to the employee and employer.

(1) The terms and conditions of employment of an employee who is bound by an applicable collective agreement may include any additional terms and conditions that are—

• (a) mutually agreed to by the employee and the employer, whether before, on, or after the date on which the employee became bound by the collective agreement; and

• (b) not inconsistent with the terms and conditions in the collective agreement.

(2) If the applicable collective agreement expires or the employee resigns from the union that is bound by the agreement,—

• (a) the employee is employed under an individual employment agreement based on the collective agreement and any additional terms and conditions agreed under subsection (1); and

• (b) the employee and employer may, by mutual agreement, vary that individual employment agreement as they think fit.

(1) This section—

• (a) applies to a new employee who—

  • (i) is not a member of a union that is a party to a collective agreement that covers the work to be done by the employee; and

  • (ii) enters into an individual employment agreement with an employer that is a party to a collective agreement that covers the work to be done by the employee; but

• (b) does not apply to an employee who—

  • (i) resigns as a member of a union and enters into an individual employment agreement with the same employer; or

  • (ii) enters into a new individual employment agreement with the same employer.

(1A) For the purposes of subsection (1), a collective agreement that includes a coverage clause referring to named employees, or the work done by named employees, to whom the collective agreement applies, must be treated as covering the work or type of work done by the named employees (whether done by those employees or any other employees).

(2) At the time when the employee enters into the individual employment agreement with an employer, the employer must—

• (a) inform the employee—

  • (i) that the collective agreement exists and covers work to be done by the employee; and

  • (ii) that the employee may join the union that is a party to the collective agreement; and

  • (iii) about how to contact the union; and

  • (iv) that, if the employee joins the union, the employee will be bound by the collective agreement; and

  • (v) that, during the first 30 days of the employee's employment, the employee's terms and conditions of employment comprise—

    • (A) the terms and conditions in the collective agreement that would bind the employee if the employee were a member of the union; and

    • (B) any additional terms and conditions mutually agreed to by the employee and employer that are not inconsistent with the terms and conditions in the collective agreement; and

• (b) give the employee a copy of the collective agreement; and

• (c) if the employee agrees, inform the union as soon as practicable that the employee has entered into the individual employment agreement with the employer.

(3) If the work to be done by the employee is covered by more than 1 collective agreement, the employer must—

• (a) comply with subsection (2) in relation to the collective agreement that binds more of the employer's employees in relation to the work the new employee will be performing than any of the other collective agreements; and

• (b) inform the employee of the existence of the other agreement or agreements.

(4) Every employer who fails to comply with this section is liable to a penalty imposed by the Authority.

(1) The terms and conditions of employment of an employee to whom section 62 applies are determined in accordance with subsections (2) to (5).

(2) For the first 30 days after the employee enters into an individual employment agreement, the employee's terms and conditions of employment comprise—

• (a) the terms and conditions in the collective agreement that would bind the employee if the employee were a member of the union; and

• (b) any additional terms and conditions mutually agreed to by the employee and employer that are not inconsistent with the terms and conditions in the collective agreement.

(2A) However, the employee's terms and conditions of employment do not include any bargaining fee payable under Part 6B.

(3) If the work to be done by the employee is covered by more than 1 collective agreement, subsection (2)(a) applies to the collective agreement that binds more of the employer's employees in relation to the work the employee will be performing than any of the other collective agreements.

(4) No term or condition of employment may be expressed to alter automatically after the 30-day period to be inconsistent with the collective agreement.

(5) After the 30-day period expires, the employee and the employer may, by mutual agreement, vary the individual employment agreement as they think fit.

(6) For an employee who holds a minimum wage exemption permit under section 8 of the Minimum Wage Act 1983, the terms and conditions under subsection (2) are subject to the terms of the permit relating to the wages to be paid.

(1) This section applies when bargaining for terms and conditions of employment in the following situations:

• (a) under section 61(1), in relation to additional terms and conditions to the applicable collective agreement:

• (b) under section 61(2), in relation to—

  • (i) additional terms and conditions to the collective agreement on which the individual employment agreement is based; and

  • (ii) variations to the individual employment agreement in subparagraph (i):

• (c) under section 63(2), in relation to additional terms and conditions for the first 30 days of an individual employment agreement:

• (d) under section 63(5), in relation to variations to terms and conditions of an individual employment agreement after the 30-day period:

• (e) in relation to terms and conditions of an individual employment agreement for an employee if no collective agreement covers the work done, or to be done, by the employee:

• (f) where a fixed term of employment, or probationary or trial period of employment, is proposed:

• (g) under section 69M or section 69N in relation to employee protection provisions in individual employment agreements:

• (h) under section 69I in relation to redundancy entitlements with a new employer.

(2) The employer must do at least the following things:

• (a) provide to the employee a copy of the intended agreement, or the part of the intended agreement, under discussion; and

• (b) advise the employee that he or she is entitled to seek independent advice about the intended agreement or any part of the intended agreement; and

• (c) give the employee a reasonable opportunity to seek that advice; and

• (d) consider any issues that the employee raises and respond to them.

(3) Every employer who fails to comply with this section is liable to a penalty imposed by the Authority.

(4) Failure to comply with this section does not affect the validity of the employment agreement between the employee and the employer.

(5) The requirements imposed by this section are in addition to any requirements that may be imposed under any provision in this Act.

(6) For the purpose of subsection (1)(e), a collective agreement that includes a coverage clause referring to named employees, or the work done by named employees, to whom the collective agreement applies, must be treated as covering the work or type of work done by the named employees (whether done by those employees or any other employees).

(7) In this section, employee includes a prospective employee.

(1) The individual employment agreement of an employee whose work is not covered by a collective agreement that binds his or her employer—

• (a) must be in writing; and

• (b) may contain such terms and conditions as the employee and employer think fit.

(2) However, the individual employment agreement—

• (a) must include—

  • (i) the names of the employee and employer concerned; and

  • (ii) a description of the work to be performed by the employee; and

  • (iii) an indication of where the employee is to perform the work; and

  • (iv) an indication of the arrangements relating to the times the employee is to work; and

  • (v) the wages or salary payable to the employee; and

  • (vi) a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to the period of 90 days in section 114 within which a personal grievance must be raised; and

• (b) must not contain anything—

  • (i) contrary to law; or

  • (ii) inconsistent with this Act.

(3) To determine for the purposes of subsection (1) whether the work of an employee is covered by a collective agreement that binds the employer, a collective agreement that includes a coverage clause referring to named employees, or the work or type of work done by named employees, to whom the collective agreement applies, must be treated as covering the work or type of work done by the named employees (whether done by those employees or any other employees).

(1) An individual employment agreement of an employee who is a member of a union is to be treated as if it contains a provision that requires the employee's employer to deduct, with the consent of the employee, the employee's union fee from the employee's salary or wages on a regular basis during the year.

(2) An individual employment agreement may exclude or vary the effect of subsection (1).

(3) Union fees deducted from an employee's salary or wages under subsection (1) must be paid to the union concerned in accordance with any arrangement agreed with the union.

(1) An employee and an employer may agree that the employment of the employee will end—

• (a) at the close of a specified date or period; or

• (b) on the occurrence of a specified event; or

• (c) at the conclusion of a specified project.

(2) Before an employee and employer agree that the employment of the employee will end in a way specified in subsection (1), the employer must—

• (a) have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and

• (b) advise the employee of when or how his or her employment will end and the reasons for his or her employment ending in that way.

(3) The following reasons are not genuine reasons for the purposes of subsection (2)(a):

• (a) to exclude or limit the rights of the employee under this Act:

• (b) to establish the suitability of the employee for permanent employment:

• (c) to exclude or limit the rights of an employee under the Holidays Act 2003.

(4) If an employee and an employer agree that the employment of the employee will end in a way specified in subsection (1), the employee's employment agreement must state in writing—

• (a) the way in which the employment will end; and

• (b) the reasons for ending the employment in that way.

(5) Failure to comply with subsection (4), including failure to comply because the reasons for ending the employment are not genuine reasons based on reasonable grounds, does not affect the validity of the employment agreement between the employee and the employer.

(6) However, if the employer does not comply with subsection (4), the employer may not rely on any term agreed under subsection (1)—

• (a) to end the employee's employment if the employee elects, at any time, to treat that term as ineffective; or

• (b) as having been effective to end the employee's employment, if the former employee elects to treat that term as ineffective.

(1) Where the parties to an employment agreement agree as part of the agreement that an employee will serve a period of probation after the commencement of the employment,—

• (a) the fact of the probation period must be specified in writing in the employment agreement; and

• (b) neither the fact that the probation period is specified, nor what is specified in respect of it, affects the application of the law relating to unjustifiable dismissal to a situation where the employee is dismissed in reliance on that agreement during or at the end of the probation period.

(2) Failure to comply with subsection (1)(a) does not affect the validity of the employment agreement between the parties.

(3) However, if the employer does not comply with subsection (1)(a), the employer may not rely on any term agreed under subsection (1) that the employee serve a period of probation if the employee elects, at any time, to treat that term as ineffective.

(1) An employment agreement containing a trial provision, as defined in subsection (2), may be entered into by an employee, as defined in subsection (3), and an employer as defined in subsection (4).

(2) Trial provision means a written provision in an employment agreement that states, or is to the effect, that—

• (a) for a specified period (not exceeding 90 days), starting at the beginning of the employee's employment, the employee is to serve a trial period; and

• (b) during that period the employer may dismiss the employee; and

• (c) if the employer does so, the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.

(3) Employee means an employee who has not been previously employed by the employer.

(4) Employer means an employer who, at the beginning of the day on which the employment agreement is entered into, employs fewer than 20 employees.

(5) To avoid doubt, a trial provision may be included in an employment agreement under—

• (a) section 61(1)(a), but subject to section 61(1)(b):

• (b) section 63(2)(b).

(1) This section applies if an employer terminates an employment agreement containing a trial provision under section 67A by giving the employee notice of the termination before the end of the trial period, whether the termination takes effect before, at, or after the end of the trial period.

(2) An employee whose employment agreement is terminated in accordance with subsection (1) may not bring a personal grievance or legal proceedings in respect of the dismissal.

(3) Neither this section nor a trial provision prevents an employee from bringing a personal grievance or legal proceedings on any of the grounds specified in section 103(1)(b) to (g).

(4) An employee whose employment agreement contains a trial provision is, in all other respects (including access to mediation services), to be treated no differently from an employee whose employment agreement contains no trial provision or contains a trial provision that has ceased to have effect.

(5) Subsection (4) applies subject to the following provisions:

• (a) in observing the obligation in section 4 of dealing in good faith with the employee, the employer is not required to comply with section 4(1A)(c) in making a decision whether to terminate an employment agreement under this section; and

• (b) the employer is not required to comply with a request under section 120 that relates to terminating an employment agreement under this section.

(1) Bargaining for an individual employment agreement is unfair if—

• (a) 1 or more of paragraphs (a) to (d) of subsection (2) apply to a party to the agreement (person A); and

• (b) the other party to the agreement (person B) or another person who is acting on person B's behalf—

  • (i) knows of the circumstances described in the paragraph or paragraphs that apply to person A; or

  • (ii) ought to know of the circumstances in the paragraph or paragraphs that apply to person A because person B or the other person is aware of facts or other circumstances from which it can be reasonably inferred that the paragraph or paragraphs apply to person A.

(2) The circumstances are that person A, at the time of bargaining for or entering into the agreement,—

• (a) is unable to understand adequately the provisions or implications of the agreement by reason of diminished capacity due (for example) to—

  • (i) age; or

  • (ii) sickness; or

  • (iii) mental or educational disability; or

  • (iv) a disability relating to communication; or

  • (v) emotional distress; or

• (b) reasonably relies on the skill, care, or advice of person B or a person acting on person B's behalf; or

• (c) is induced to enter into the agreement by oppressive means, undue influence, or duress; or

• (d) where section 63A applied, did not have the information or the opportunity to seek advice as required by that section.

(3) In this section, individual employment agreement includes a term or condition of an individual employment agreement.

(4) Except as provided in this section, a party to an individual employment agreement must not challenge or question the agreement on the ground that it is unfair or unconscionable.

(1) If a party to an individual employment agreement is found to have bargained unfairly under section 68, the Authority may do 1 or more of the following things:

• (a) make an order that the party pay to the other party such sum, by way of compensation, as the Authority thinks fit:

• (b) make an order cancelling or varying the agreement:

• (c) make such other order as it thinks fit in the circumstances.

(2) The Authority must not make an order under subsection (1)(b) unless the requirements in section 164 have been met, and that section applies accordingly with all necessary modifications.

The object of this Part is to—

• (a) provide certain employees with a statutory right to request a variation of their working arrangements if they have the care of any person; and

• (b) require an employer to deal with a request as soon as possible but not later than 3 months after receiving it; and

• (c) provide that an employer may refuse a request only if it cannot be accommodated on certain grounds; and

• (d) if an employer does not deal with a request in accordance with the process specified in this Part, provide for reference of the matter to a Labour Inspector, then to mediation, and then to the Authority.

In this Part, unless the context otherwise requires,—

(1) An employee may make a request—

• (a) if the employee satisfies the criteria specified in subsection (2); and

• (b) subject to the limitation in section 69AAD.

(2) The criteria are that—

• (a) the employee has the care of any person; and

• (b) the employee, as at the date the request is made, has been employed by his or her employer for the immediately preceding 6 months.

A request must be in writing and—

• (a) state—

  • (i) the employee's name; and

  • (ii) the date on which the request is made; and

  • (iii) that the request is made under this Part; and

• (b) specify the variation of the working arrangements requested and whether the variation is permanent or for a period of time; and

• (c) specify the date on which the employee proposes that the variation take effect and, if the variation is for a period of time, the date on which the variation is to end; and

• (d) explain, in the employee's view, how the variation will enable the employee to provide better care for the person concerned; and

• (e) explain, in the employee's view, what changes, if any, the employer may need to make to the employer's arrangements if the employee's request is approved.

(1) Subsection (2) applies if an employee has made a request under this Part and his or her employer has approved or refused the request.

(2) The employee is not entitled to make another request under this Part to his or her employer earlier than 12 months after the date on which the previous request was made.

An employer must deal with a request as soon as possible but not later than 3 months after receiving it and—

• (a) notify the employee whether his or her request has been approved or refused; and

• (b) if the request is refused, notify the employee that the request is refused because—

  • (i) the employee is not eligible to make a request under section 69AAB; or

  • (ii) of a ground specified in section 69AAF(2) or (3); or

  • (iii) both; and

• (c) if the request is refused because of a ground specified in section 69AAF(2) or (3),—

  • (i) notify the employee of the ground for refusal; and

  • (ii) provide an explanation of the reasons for that ground.

(1) An employer may refuse a request only if the employer determines that—

• (a) the employee is not eligible to make a request under section 69AAB; or

• (b) the request cannot be accommodated on 1 or more of the grounds specified in subsection (2); or

• (c) both.

(2) The grounds are—

• (a) inability to reorganise work among existing staff:

• (b) inability to recruit additional staff:

• (c) detrimental impact on quality:

• (d) detrimental impact on performance:

• (e) insufficiency of work during the periods the employee proposes to work:

• (f) planned structural changes:

• (g) burden of additional costs:

• (h) detrimental effect on ability to meet customer demand.

(3) However, an employer must refuse a request if—

• (a) the request is from an employee who is bound by a collective agreement; and

• (b) the request relates to working arrangements to which the collective agreement applies; and

• (c) the employee's working arrangements would be inconsistent with the collective agreement if the employer were to approve the request.

(1) For the purposes of this Part, a Labour Inspector may provide to employees and employers such assistance as he or she considers appropriate in the circumstances.

(2) This section applies subject to section 69AAH(2).

(1) This section applies if an employee believes that his or her employer has not complied with section 69AAE.

(2) The employee may refer the non-compliance with section 69AAE to a Labour Inspector who must, to the extent practicable in the circumstances, assist the employee and employer to resolve the matter.

(3) If, after completion of the process under subsection (2), the employee is dissatisfied with the result, the employee may refer the matter to mediation.

(4) For the purposes of subsection (3), non-compliance with section 69AAE is an employment relationship problem.

(1) This section applies if—

• (a) an employee believes that his or her employer has not complied with section 69AAE; and

• (b) mediation has not resolved the matter.

(2) The employee may apply to the Authority for a determination as to whether the employer has complied with section 69AAE.

(3) An application under subsection (2) must be made within 12 months after the relevant date.

(4) If the Authority determines that the employer has made a wrong determination about an employee's eligibility to make a request under section 69AAB, the employer must comply with section 69AAE as soon as practicable.

(5) In subsection (3), relevant date means,—

• (a) if the employer notifies a refusal within 3 months after receiving a request, the date on which the employer notifies the employee of the employer's refusal:

• (b) in any other case, the date 3 months after the employer received the employee's request.

(1) An employer who does not comply with section 69AAE is liable to a penalty not exceeding $2,000, imposed by the Authority.

(2) The penalty is payable to the employee concerned.

An employee may not challenge his or her employer's refusal of a request, or failure to respond to a request, except—

• (a) if the employee believes his or her employer has not complied with section 69AAE; and

• (b) to the extent provided by sections 69AAH to 69AAJ.

(1) The Minister must, as soon as is practicable, 2 years after the commencement of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007, require a report to be prepared on the operation and effects of this Part.

(2) The Minister must ensure that the persons and organisations (including representatives of employees and employers), that the Minister thinks appropriate, are consulted during the preparation of the report about the matters to be considered in the report.

(3) The report will include recommendations in relation to whether the provisions of this Part should extend to all employees.

(4) The Minister must present a copy of the report to the House of Representatives.