Employment Relations Amendment Bill

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Hon Iain Lees-Galloway

Employment Relations Amendment Bill

Government Bill



Explanatory note
3Principal Act
4New section 18A inserted (Union delegates entitled to reasonable paid time to represent employees)
18AUnion delegates entitled to reasonable paid time to represent employees
5Section 20 amended (Access to workplaces)
6Section 20A repealed (Representative of union must obtain consent to enter workplace)
7Section 21 amended (Conditions relating to access to workplaces)
8Section 25 amended (Penalty for certain acts in relation to entering workplace)
9Section 31 amended (Object of this Part)
10Section 32 amended (Good faith in bargaining for collective agreement)
11Section 33 replaced (Duty of good faith does not require collective agreement to be concluded)
33Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
12Section 41 amended (When bargaining may be initiated)
13Sections 44A to 44C repealed
14Sections 50K and 50KA and cross-heading repealed
15Section 53 amended (Continuation of collective agreement after specified expiry date)
16Section 54 amended (Form and content of collective agreement)
17New section 59AA inserted (Union may provide employer with information about role and functions of union to pass on to new employees)
59AAUnion may provide employer with information about role and functions of union to pass on to new employees
18Section 62 replaced (Employer’s obligations in respect of new employee who is not member of union)
62Terms and conditions of employment of new employee who is not member of union
63Employer’s obligations when bargaining for terms and conditions of employment of new employee under section 62
63AAEmployer must share new employee information with union unless employee objects
19Section 63A amended (Bargaining for individual employment agreement or individual terms and conditions in employment agreement)
20Section 65 amended (Form and content of individual employment agreement)
21Section 80 amended (Object of this Part)
22Sections 95A to 95H and cross-headings repealed
23Section 100 amended (Jurisdiction of court in relation to injunctions)
24Section 104 amended (Discrimination)
25Section 106 amended (Exceptions in relation to discrimination)
26Section 107 amended (Definition of involvement in activities of union for purposes of section 104)
27Section 119 amended (Presumption in discrimination cases)
28Section 161 amended (Jurisdiction)
29Section 67A amended (When employment agreement may contain provision for trial period for 90 days or less)
30Section 69A amended (Object of this subpart)
31Section 69B amended (Interpretation)
32Sections 69CA to 69I replaced
69DMeaning of new employer
69EExamples of contracting in, contracting out, and subsequent contracting
69FApplication of this subpart
69FAEmployer’s breach of obligations not to affect employee’s rights and new employer’s obligations
69GNotice of right to make election
69HEmployee bargaining for alternative arrangements
69IEmployee may elect to transfer to new employer
33Section 69OAA repealed (False warranty: exempt employer)
34Section 69OC amended (Disclosure of employee transfer costs information)
35Sections 69ZC to 69ZEB replaced
69ZDEmployee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks
69ZETiming of rest breaks and meal breaks
69ZEAExemption from requirement to provide rest breaks and meal breaks
69ZEBCompensatory measures
36Section 69ZG amended (Relationship between Part and employment agreements)
37Section 69ZH replaced (Relationship between Part and other enactments)
69ZHRelationship between this Part and other enactments
38Section 5 amended (Interpretation)
39Section 125 replaced (Remedy of reinstatement)
125Reinstatement to be primary remedy
40Schedule 1AA amended
41Consequential amendment to Wages Protection Act 1983

The Parliament of New Zealand enacts as follows: