Employment Relations Act 2000

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Schedule 1C Code of good faith for employment relationships in relation to provision of services by Police

ss 100F, 100G

Schedule 1C: inserted, on 1 October 2008, by section 122 of the Policing Act 2008 (2008 No 72).

1 Application

(1)

This code applies to the following parties:

(a)

the New Zealand Police (the Police):

(b)

Police employees:

(c)

service organisations:

(d)

other employers to the extent that they provide services to the Police:

(e)

employees of the employers referred to in paragraph (d) to the extent that they are engaged in providing services to the Police:

(f)

unions whose members are employees referred to in paragraph (e) (other unions).

(2)

However, to avoid doubt, subclause (1)(d) and (e) applies in relation to the provision of services only if the services are provided to the Police in its role as a provider of Police emergency response services.

(3)

Before the Police enters into an agreement or arrangement with another employer for the provision of services to the Police, it must notify the employer that this code will apply to the employer in relation to the provision of those services.

(4)

However, failure to comply with subclause (3) does not affect the validity of an agreement or arrangement referred to in that subclause.

2 Purpose

The purpose of this code is—

(a)

to promote productive employment relationships in relation to the provision of services by the Police:

(b)

to require the parties to make or continue a commitment—

(i)

to the safety of the public and Police employees; and

(ii)

to develop, maintain, and provide high quality policing services; and

(iii)

to engage constructively and participate fully and effectively in all aspects of their employment relationships:

(c)

to recognise the importance of—

(i)

collective arrangements; and

(ii)

the role of service organisations and other unions.

3 Interpretation

In this schedule, unless the context otherwise requires,—

industrial action means a strike by, or a lockout of, Police employees

Police emergency response services means services provided by the Police that directly or indirectly enable maintenance of the Police’s effective response to calls for service where—

(a)

people are injured or in danger; or

(b)

there is a serious, immediate, or imminent risk to life or property; or

(c)

a crime is being or has just been committed and the offenders are still at the scene or have just left

service organisation has the same meaning as in section 55 of the Policing Act 2008.

General

4 General requirements

(1)

In all aspects of their employment relationship, the parties must—

(a)

engage constructively; and

(b)

participate fully and effectively.

(2)

In their employment relationship, the parties must—

(a)

behave openly and with courtesy and respect towards each other; and

(b)

create and maintain open, effective, and clear lines of communication, including providing information in a timely manner; and

(c)

recognise the role of Police employees as advocates for public safety; and

(d)

make time to meet as and when required—

(i)

to address not only the industrial issues between the parties but also issues facing the Police, the other employers, and the employees; and

(ii)

to search for solutions that will result in productive employment relationships and the enhanced delivery of services; and

(iii)

to ensure that any change is managed effectively; and

(e)

recognise the time and resource constraints that may affect their ability to participate fully, and make allowances for those constraints.

(3)

To enable employees, service organisations, and other unions to comply with subclause (1), employers must ensure that appropriate steps are taken in their workplaces to encourage, enable, and facilitate employee, service organisation, and other union involvement.

(4)

The parties must use their best endeavours to resolve, in a constructive manner, any differences between them.

(5)

Subclauses (2) to (4) do not limit subclause (1).

Collective bargaining

5 Agreement on suitable person

As part of the arrangement required under section 32(1)(a), the parties must make every endeavour to agree on a suitable person for the purposes of clause 11(1).

6 Collective bargaining and collective agreements

(1)

The parties must support collective bargaining where it is practical and reasonable to do so.

(2)

The parties must, as far as practical and reasonable, support the definition of coverage that best recognises the parties’ commitment to collective employment arrangements.

7 Specific things employers must not do during collective bargaining

During collective bargaining employers must not—

(a)

communicate directly with service organisation or other union members in relation to the collective bargaining; or

(b)

negotiate with employees who are not service organisation or other union members with a view to undermining or influencing the collective bargaining; or

(c)

attempt to discourage employees from joining or remaining with the service organisation or other union; or

(d)

contract out services with a view to undermining or influencing the collective bargaining.

8 Mutual obligations

(1)

During collective bargaining each party must—

(a)

give thorough and reasonable consideration to the other’s proposals; and

(b)

not act in a manner that undermines the other or the authority of the other; and

(c)

not deliberately attempt to provoke a breakdown in the bargaining.

(2)

If agreement cannot be reached or the collective bargaining is in difficulty, the parties must give favourable consideration to attending mediation without delay, and must consider third party decision-making.

(3)

The parties must recognise that collective bargaining and collective agreements need to—

(a)

provide for the opportunity for participation of service organisation, and other union, officials, delegates, and members in decision-making where those decisions may have an impact on the work or working environment of those members; and

(b)

provide for the release of employees to participate in decision-making where appropriate, acknowledging the key role of service organisation, and other union, delegates in the collective representation of their members; and

(c)

provide for service organisation, and other union, delegates to carry out their roles, including the time needed for communication and consultation with members, and for delegate education.

Public safety

9 Obligation for Police to provide for public safety during industrial action

During industrial action, the Police must provide for public safety by ensuring that emergency response services are available.

10 Contingency plans

(1)

As soon as notice of industrial action is received or given, the Police must develop (if it has not already done so) a contingency plan and take all reasonable and practicable steps to ensure that it can provide Police emergency response services if industrial action occurs.

(2)

If the Police believes it cannot arrange to deliver Police emergency response services during industrial action without the assistance of members of a service organisation or organisations, or other union or unions, the Police must make a request to the relevant service organisation or other union seeking the service organisation’s, or other union’s, and its members’ agreement to maintain or to assist in maintaining Police emergency response services.

(3)

The request must include specific details about—

(a)

the Police emergency response service the Police seeks assistance to maintain; and

(b)

the Police’s contingency plan relating to that Police emergency response service; and

(c)

the support it requires from service organisation, or other union, members.

(4)

A request must be made by the close of the day after the date of the notice of industrial action.

(5)

As soon as practicable after the Police has made a request, but not later than 4 days after the date of the notice of industrial action, the parties must meet and negotiate in good faith and make every reasonable effort to agree on—

(a)

the extent of the Police emergency response service necessary to provide for public safety during the industrial action; and

(b)

the number of employees necessary to enable the Police to provide that Police emergency response service; and

(c)

a protocol for the management of emergencies that require additional emergency response services.

(6)

An agreement reached between the parties must be recorded in writing.

11 Adjudication

(1)

If the parties cannot reach agreement under clause 10(5) they must, within 5 days after the date of the notice of industrial action, refer the matter for adjudication by a suitable person as agreed by the parties under clause 5.

(2)

The adjudicator must conduct the adjudication in a manner he or she considers appropriate and must—

(a)

receive and consider representations from the parties; and

(b)

in consultation with the parties, seek expert advice if the adjudicator considers that it is necessary to do so; and

(c)

attempt to resolve any differences between the parties to enable them to reach agreement and, if that is not possible, make a determination binding on the parties; and

(d)

provide a determination to the parties as soon as possible but not later than 7 days after the date of notice of industrial action.

(3)

The parties must use their best endeavours to give effect to the determination.

(4)

The parties must bear their own costs in relation to any adjudication.

Public comments during collective bargaining

12 Recognition of service organisation members’ right to make public comments during collective bargaining

(1)

The Police must respect and recognise the right of service organisation members to comment publicly and engage in public debate during collective bargaining on matters relevant to the collective bargaining.

(2)

This clause applies subject to clauses 13 to 15.

13 Employee must first raise matter with employer

Before a service organisation member exercises the right specified in clause 12(1) in relation to the operations of the Police, the employee must first—

(a)

raise the matter with the Police; and

(b)

provide a reasonable time for the Police to respond.

14 When service organisation member may make public comments

If the service organisation member is dissatisfied with the Police’s response or there is no response from the Police, the service organisation member may exercise the right specified in clause 12(1) if the service organisation member makes it clear that he or she is—

(a)

speaking in a personal capacity; or

(b)

speaking on behalf of the service organisation with its authority to do so.

15 Confidentiality

When exercising the right specified in clause 12(1), a service organisation member employee must not breach legal or operational requirements of confidentiality in respect of individual cases, operations, or investigations.

16 Rights of service organisation not affected

To avoid doubt, clauses 12 to 15 do not prevent a service organisation, or other union, or its representatives from making public comments or engaging in public debate on any matter relating to the Police.

17 Transitional provision

This code applies to bargaining for any collective agreement which began before the commencement of the code.