74 Negotiation of conditions of employment

(1)

Except as provided in section 74C, the Commissioner is responsible for negotiating under the Employment Relations Act 2000 every collective agreement applicable to employees of the education service as if the Commissioner were the employer.

(2)

Without limiting subsection (1), it is declared that, for the purposes of initiating bargaining for a collective agreement, good faith bargaining for a collective agreement, and entering into collective agreements,—

(a)

the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000 as the Commissioner would have if the Commissioner were the employer; and

(b)

employees of the education service are to be treated as if they were all employees of the Commissioner.

(3)

Unless otherwise directed in writing by the Commissioner, an employer in the education service must not lock out employees or suspend striking employees in relation to negotiations by the Commissioner for a collective agreement applicable to those employees.

(4)

The Commissioner must conduct the negotiations—

(a)

with a union of which the employees are members; and

(b)

in consultation with—

(i)

the chief executive of the Ministry of Education; and

(ii)

representatives of the employer or employers who will be bound by the collective agreement, which representatives must be employers or organisations of employers, of persons employed in the education service.

(5)

Every collective agreement must be entered into between—

(a)

the Commissioner; and

(b)

a union of which the employees to whom the collective agreement is applicable are members.

(6)

Every collective agreement entered into between the Commissioner and any union and relating to employees in the education service is binding on—

(a)

the employers of the employees to whom the collective agreement is applicable; and

(b)

the employees in the education service who are, or who become, members of the union.

(7)

Except as provided in this section, an employer who is bound by a collective agreement under subsection (6) has the rights, obligations, and duties that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 as if that employer were a party to that agreement.

Section 74: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).