Bargaining

Heading: inserted, on 6 May 2019, by section 22 of the Employment Relations Amendment Act 2018 (2018 No 53).

63A Bargaining for individual employment agreement or individual terms and conditions in employment agreement

(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 62(3), in relation to additional terms and conditions for the first 30 days of an employee’s employment:

(c)
[Repealed]

(d)

under section 63(2), in relation to variations to terms and conditions of an individual employment agreement after the 30-day period:

(d)
[Repealed]

(e)

in relation to the terms and conditions of an individual employment agreement (including any variations to that 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 69OJ in relation to employee protection provisions in individual employment agreements:

(h)

under section 69N 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 under discussion; and

(b)

advise the employee that he or she is entitled to seek independent advice about 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).

(6)

[Repealed]

(7)

In this section, employee includes a prospective employee.

Section 63A: inserted, on 1 December 2004, by section 23 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 63A(1)(c): inserted, on 6 May 2019, by section 23(1) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 63A(1)(c): repealed, on 6 March 2015, by section 19(1) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 63A(1)(d): inserted, on 6 May 2019, by section 23(1) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 63A(1)(d): repealed, on 6 March 2015, by section 19(1) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 63A(1)(e): replaced, on 6 May 2019, by section 23(2) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 63A(1)(g): amended, on 6 March 2015, by section 19(3) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 63A(1)(h): amended, on 6 March 2015, by section 19(4) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 63A(2)(a): amended, on 1 April 2011, by section 10(1) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 63A(2)(b): amended, on 1 April 2011, by section 10(2) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 63A(6): inserted, on 6 May 2019, by section 23(3) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 63A(6): repealed, on 6 March 2015, by section 19(5) of the Employment Relations Amendment Act 2014 (2014 No 61).