61D Application of collective agreements to employees following reorganisations

(1)

This section limits which employees may be bound by a collective agreement that—

(a)

binds the chief executive of Department A before a transfer of functions from Department A to Department B and that, as a consequence of sections 30H and 30I, binds the chief executive of Department B after that transfer of functions (collective agreement A); or

(b)

binds the chief executive of Department B before that transfer of functions (collective agreement B).

(2)

After that transfer of functions,—

(a)

the only employees of Department B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in Department B that has been established (whether or not previously existing in Department A) to enable Department B to perform the transferred functions; and

(b)

the only employees of Department B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a).

(3)

Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.

(4)

This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under Part 6 of this Act and sections 56(1), 57, 62(3), 63(3), and 243 of the Employment Relations Act 2000.

(5)

This section does not apply to a collective agreement to the extent that the parties agree otherwise.

Compare: 1988 No 20 s 30G

Section 61D: inserted, on 18 July 2013, by section 53 of the State Sector Amendment Act 2013 (2013 No 49).