Supplementary Order Paper No 195

No 195

House of Representatives

Supplementary Order Paper

Wednesday, 8 December 2010

Employment Relations (Secret Ballot for Strikes) Amendment Bill


Proposed amendments

Hon Tau Henare, in Committee, to move the following amendments:

Clause 2

To insert the following subclause as subclause (1AA) (before line 2 on page 2):

  • (1AA) Sections 6A and 9 come into force on the day after the date on which this Act receives the Royal assent.

To omit This Act (line 2 on page 2) and substitute The rest of this Act.

New clause 6A

To insert the following clause after clause 6 (after line 20 on page 2):

6A When society entitled to be registered as union
  • Section 14(1) is amended by inserting the following paragraph after paragraph (c):

    • (ca) the society's rules contain a provision relating to the process for holding a secret ballot for the purposes of this Act; and.

New clause 9

To add the following clause (after line 33 on page 3):

9 Transitional provision
  • (1) This section applies to a society whose rules do not comply with section 14(1)(ca) of the principal Act (as inserted by section 6A of this Act).

    (2) The society must amend its rules so that the rules comply with section 14(1)(ca) of the principal Act.

    (3) The society must amend its rules for the purposes of subsection (2)

    • (a) as soon as is reasonably practicable after the commencement of section 6A of this Act; but

    • (b) no later than 2 years after the commencement of section 6A of this Act.


Explanatory note

This Supplementary Order Paper amends the Employment Relations (Secret Ballot for Strikes) Amendment Bill (the Bill) to insert new clause 6A. New clause 6A proposes to insert new section 14(1)(ca) into the Employment Relations Act 2000 (the principal Act) to ensure that the rules of a society seeking to be registered as a union contain a provision relating to the process for holding a secret ballot for the purposes of the principal Act. Secret ballots are required by section 45(2) of the principal Act and new section 82A(2) (as proposed to be inserted into principal the Act by clause 7 of the Bill).

The Supplementary Order Paper also—

  • amends the commencement provision of the Bill (clause 2) in order to bring the requirement for a society to have rules that contain a provision relating to secret ballots into force on the day after the date on which the Bill receives the Royal assent; and

  • adds a transitional provision to the Bill (new clause 9), which provides that a society whose rules do not contain a provision relating to process for holding a secret ballot must, as soon as is reasonably practicable, but no later than 2 years, after the commencement of clause 6A of the Bill, amend its rules so that they comply with new section 14(1)(ca) of the principal Act.