to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship—

to promote the effective enforcement of employment standards, in particular by conferring enforcement powers on Labour Inspectors, the Authority, and the court; and

to promote observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association, and Convention 98 on the Right to Organise and Bargain Collectively.

must deal with each other in good faith; and

without limiting paragraph (a), must not, whether directly or indirectly, do anything—

is wider in scope than the implied mutual obligations of trust and confidence; and

requires the parties to an employment relationship to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are, among other things, responsive and communicative; and

without limiting paragraph (b), requires an employer who is proposing to make a decision that will, or is likely to, have an adverse effect on the continuation of employment of 1 or more of his or her employees to provide to the employees affected—

that is about an identifiable individual other than the affected employee if providing access to that information would involve the unwarranted disclosure of the affairs of that other individual:

that is subject to a statutory requirement to maintain confidentiality:

where it is necessary, for any other good reason, to maintain the confidentiality of the information (for example, to avoid unreasonable prejudice to the employer’s commercial position).

subsection (1B) does not affect an employer’s obligations under—

an employer must not refuse to provide access to information under subsection (1A)(c) merely because the information is contained in a document that includes confidential information.

an employer and an employee employed by the employer:

a union and an employer:

a union and a member of the union:

a union and another union that are parties bargaining for the same collective agreement:

a union and another union that are parties to the same collective agreement:

a union and a member of another union where both unions are bargaining for the same collective agreement:

a union and a member of another union where both unions are parties to the same collective agreement:

an employer and another employer where both employers are bargaining for the same collective agreement.

bargaining for a collective agreement or for a variation of a collective agreement, including matters relating to the initiation of the bargaining:

any matter arising under or in relation to a collective agreement while the agreement is in force:

bargaining for an individual employment agreement or for a variation of an individual employment agreement:

any matter arising under or in relation to an individual employment agreement while the agreement is in force:

consultation (whether or not under a collective agreement) between an employer and its employees, including any union representing the employees, about the employees’ collective employment interests, including the effect on employees of changes to the employer’s business:

a proposal by an employer that might impact on the employer’s employees, including a proposal to contract out work otherwise done by the employees or to sell or transfer all or part of the employer’s business:

making employees redundant:

access to a workplace by a representative of a union:

communications or contacts between a union and an employer relating to any secret ballots held for the purposes of bargaining for a collective agreement.

not to be involved in bargaining for a collective agreement; or

not to be covered by a collective agreement.

the failure was deliberate, serious, and sustained; or

the failure was intended to undermine—

the failure was a breach of section 59B or section 59C.

means any person of any age employed by an employer to do any work for hire or reward under a contract of service; and

includes—

excludes a volunteer who—

excludes, in relation to a film production, any of the following persons:

must consider all relevant matters, including any matters that indicate the intention of the persons; and

is not to treat as a determining matter any statement by the persons that describes the nature of their relationship.

employees under this Act; or

employees or workers within the meaning of any of the Acts specified in section 223(1).

the person—

the other person who is alleged to be the employer of the person is a party to the application or has an opportunity to be heard on the application.

employees have the freedom to choose whether or not to form a union or be members of a union for the purpose of advancing their collective employment interests; and

no person may, in relation to employment issues, confer any preference or apply any undue influence, directly or indirectly, on another person because the other person is or is not a member of a union.

to become or remain a member of a union or a particular union; or

to cease to be a member of a union or a particular union; or

not to become a member of a union or a particular union.

any preference in obtaining or retaining employment; or

any preference in relation to terms or conditions of employment (including conditions relating to redundancy) or fringe benefits or opportunities for training, promotion, or transfer.

of a collective agreement:

arising out of the relationship on which a collective agreement is based.

to become or remain a member of a union or a particular union; or

to cease to be a member of a union or a particular union; or

not to become a member of a union or a particular union; or

in the case of an individual who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or

to resign from or leave any employment on account of the fact that the other person is or, as the case may be, is not a member of a union or of a particular union.

to recognise the role of unions in promoting their members’ collective employment interests; and

to provide for the registration of unions that are accountable to their members; and

to confer on registered unions the right to represent their members in collective bargaining; and

to provide representatives of registered unions with reasonable access to workplaces for purposes related to employment and union business.

a copy of the society’s certificate of incorporation under the Incorporated Societies Act 1908; and

a copy of the society’s rules as registered under that Act; and

a statutory declaration made by an officer of the society setting out the reasons why the society is entitled to be registered as a union.

the object or, if the society has more than 1 object, an object of the society is to promote its members’ collective employment interests; and

the society is incorporated under the Incorporated Societies Act 1908; and

the society’s rules are—

the society’s rules contain a provision relating to the process for holding a secret ballot for the purposes of this Act; and

the society is independent of, and is constituted and operates at arm’s length from, any employer.

applies, in accordance with section 13, to be registered as a union; and

is entitled to be registered as a union.

all the requirements of this Act relating to the registration of the union have been complied with; and

on and from the date of registration stated in the certificate, the union is registered as a union under this Act.

the union applies to the Registrar of Unions to cancel its registration; or

the Authority makes an order directing the Registrar of Unions to cancel the union’s registration.

for purposes related to the employment of its members; or

for purposes related to the union’s business; or

both.

to participate in bargaining for a collective agreement:

to deal with matters concerning the health and safety of union members:

to monitor compliance with the operation of a collective agreement:

to monitor compliance with this Act and other Acts dealing with employment-related rights in relation to union members:

with the authority of an employee, to deal with matters relating to an individual employment agreement or a proposed individual employment agreement or an individual employee’s terms and conditions of employment or an individual employee’s proposed terms and conditions of employment:

to seek compliance with relevant requirements in any case where non-compliance is detected.

to discuss union business with union members:

to seek to recruit employees as union members:

to provide information on the union and union membership to any employee on the premises.

must not exceed a reasonable duration; and

is not to be treated as a union meeting for the purposes of section 26.

the employer or representative of the employer must not unreasonably withhold consent; and

the employer or representative of the employer must advise the representative of the union of the employer’s or representative of the employer’s decision as soon as is reasonably practicable but no later than the working day after the date on which the request was received; and

the consent of the employer or representative of the employer (as the case may be) must be treated as having been obtained if the employer or representative of the employer does not respond to the request within 2 working days after the date on which the request was received.

for a purpose specified in section 20(2) if the representative believes, on reasonable grounds, that a member of the union, to whom the purpose of the entry relates, is working or normally works in the workplace:

for a purpose specified in section 20(3) if the representative believes, on reasonable grounds, that the union’s membership rule covers an employee who is working or normally works in the workplace.

may do so only at reasonable times during any period when any employee is employed to work in the workplace; and

must do so in a reasonable way, having regard to normal business operations in the workplace; and

must comply with any existing reasonable procedures and requirements applying in respect of the workplace that relate to—

give the purpose of the entry; and

produce—

the identity of the person who entered the premises; and

the union the person is a representative of; and

the date and time of entry; and

the purpose or purposes of the entry.

the security or defence of New Zealand; or

the investigation or detection of offences.

it is given by the Attorney-General; and

it certifies, in respect of the premises or part of the premises concerned, that permitting entry under section 20 might prejudice—

all the employees employed in the workplace are employed by an employer who holds a current certificate of exemption issued under section 24; and

none of the employees employed in the workplace is a member of a union; and

there are no more than 20 employees employed to work in the workplace.

the employer to whom it has been issued agrees; or

it was issued in error; or

the chief executive is satisfied that the employer has ceased to be a person eligible to be issued with the certificate.

contravenes section 20A(2)(a) by unreasonably withholding consent in relation to a request by a representative of a union under section 20A(1) to enter a workplace; or

fails to give reasons in writing for withholding consent to access to a workplace in accordance with section 20A(3); or

obstructs a representative of a union in entering a workplace or in doing anything reasonably necessary for or incidental to the purpose for entering the workplace; or

wilfully fails to comply with section 21.

at least 1 union meeting (of a maximum of 2 hours’ duration) in the calendar year 2000; and

at least 2 union meetings (each of a maximum of 2 hours’ duration) in each calendar year after the calendar year 2000.

supply to the employer a list of members who attended the union meeting; and

advise the employer of the duration of the meeting.

the union:

a member of the union:

another union with a direct interest in the proceedings:

the Registrar of Unions:

an employer who is directly affected by the existence of the union or its activities:

with the leave of the Authority, any other person.

to provide the core requirements of the duty of good faith in relation to collective bargaining; and

to provide for 1 or more codes of good faith to assist the parties to understand what good faith means in collective bargaining; and

to recognise the view of parties to collective bargaining as to what constitutes good faith; and

to promote orderly collective bargaining; and

to ensure that employees confirm proposed collective bargaining for a multi-party collective agreement.

the union and the employer must use their best endeavours to enter into an arrangement, as soon as possible after the initiation of bargaining, that sets out a process for conducting the bargaining in an effective and efficient manner; and

the union and the employer must meet each other, from time to time, for the purposes of the bargaining; and

the union and employer must consider and respond to proposals made by each other; and

the union and the employer—

the union and employer must provide to each other, on request and in accordance with section 34, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining.

the provisions of a code of good faith that are relevant to the circumstances of the union and the employer; and

the provisions of any agreement about good faith entered into by the union and the employer; and

the proportion of the employer’s employees who are members of the union and to whom the bargaining relates; and

any other matter considered relevant, including background circumstances and the circumstances of the union and the employer.

the operational environment of the union and the employer; and

the resources available to the union and the employer.

to enter into a collective agreement; or

to agree on any matter for inclusion in a collective agreement.

the employer refuses to enter into a collective agreement; and

the employer does so because the employer is opposed, or objects in principle, to bargaining for or being a party to a collective agreement.

be in writing; and

specify the nature of the information requested in sufficient detail to enable the information to be identified; and

specify the claim or the response to a claim in respect of which information to support or substantiate the claim or the response is requested; and

specify a reasonable time within which the information is to be provided.

direct to the other; or

to an independent reviewer if the union or employer providing the information reasonably considers that it should be treated as confidential information.

decide whether and, if so, to what extent the information should be treated as confidential; and

advise the union and employer concerned of the decision.

decide whether and, if so, to what extent the information supports or substantiates the claim or the response to a claim in respect of which the information is requested; and

advise the union and employer concerned of the decision in a way that maintains the confidentiality of the information; and

answer any questions from the union or employer that requested the information, in a way that maintains the confidentiality of the information.

must be used only for the purposes of the bargaining concerned; and

must be treated as confidential by the persons conducting the bargaining concerned; and

must not be disclosed by those persons to anyone else, including persons who would be bound by the collective agreement being bargained for.

approve 1 or more codes of good faith recommended by the committee appointed under section 36:

approve 1 or more codes of good faith if section 37 applies.

generally; or

in relation to particular types of situations; or

in relation to particular parts or areas of the employment environment.

at least 1 person who represents unions; and

at least 1 person who represents employers’ organisations; and

such other persons as the Minister thinks fit to appoint.

the committee has not recommended a code of good faith within a time specified by the Minister; or

the Minister declines to approve a code of good faith recommended by the committee.

that the Minister has declined to approve the code; and

of the reasons for declining to approve the code.

was in force at the relevant time; and

in the form in which it was then in force, related to the circumstances before the Authority or the court.

1 or more unions with 1 or more employers; or

1 or more employers with 1 or more unions.

the date that is 120 days before the date on which the last applicable collective agreement expires; and

the date that is 60 days before the date on which the first applicable collective agreement expires.

it is in writing and signed by the union or the employer giving the notice or its duly authorised representative; and

it identifies each of the intended parties to the collective agreement; and

it identifies the intended coverage of the collective agreement.

as soon as possible; but

not later than—

if only 1 notice is required under section 42, on the day on which the notice is given:

if more than 1 notice is required under section 42, on the day on which the last notice is given.

is an intended party to bargaining—

has received a notice initiating bargaining for the agreement.

be in writing and be signed by the employer or its duly authorised representative; and

state that the employer has opted out of the bargaining in accordance with section 44A.

to be a party to bargaining for the agreement; and

to have any further obligations under this Act in relation to that bargaining.

an employer must opt out separately in relation to each notice given under section 42; and

an employer that gives an opt-out notice may be included as an intended party in any subsequent notice given under section 42; and

nothing in this section or section 44A or 44B prevents an employer from opting out of bargaining for a collective agreement involving 2 or more employers that is intended to replace a previous collective agreement that covered those employers.

1 union proposing to initiate bargaining with 2 or more employers for a single collective agreement:

2 or more unions proposing to initiate bargaining with 1 or more employers for a single collective agreement.

not covered by an applicable collective agreement that is in force; or

covered by an applicable collective agreement that is in force and the secret ballot is held not earlier than 60 days before the time within which bargaining may be initiated by the union under section 41.

the name of the employer; and

the number of the employer’s employees who are members of the union; and

the number of those members who voted; and

the number of those members who voted in favour of bargaining for a single collective agreement.

whether the member is in favour of bargaining for a single collective agreement, irrespective of the employers or unions concerned; or

whether the member is in favour of bargaining for a single collective agreement with named employers or unions; or

whether the member is in favour of bargaining for a single collective agreement except with 1 or more named employers or unions.

2 or more unions in relation to which 1 employer has initiated bargaining for a single collective agreement:

1 or more unions in relation to which 2 or more employers have initiated bargaining for a single collective agreement.

the employer of the employees in respect of whom the secret ballot has been held; and

if subsection (1)(b) applies, the other employers concerned.

where subsection (1)(a) applies, if the members of each of the 2 unions or of a majority of the unions, if more than 2,—

where subsection (1)(b) applies, if the members of the union or of each union, if there are 2, or of a majority of the unions, if more than 2,—

the collective agreement is intended to replace a single collective agreement that is in force; and

the parties to the bargaining are 2 or more of the same parties to the single collective agreement; and

the scope of the coverage clause is not wider than the scope of the coverage clause in the single collective agreement.