The object of this Act is—

The parties to an employment relationship specified in subsection (2)—

The duty of good faith in subsection (1)—

However, subsection (1A)(c) does not require an employer to provide access to confidential information—

To avoid doubt,—

For the purposes of subsections (1B) and (1C), confidential information means information that is provided in circumstances where there is a mutual understanding (whether express or implied) of secrecy.

The employment relationships are those between—

Subsection (1) does not prevent a party to an employment relationship communicating to another person a statement of fact or of opinion reasonably held about an employer’s business or a union’s affairs.

The duty of good faith in subsection (1) applies to the following matters:

The matters specified in subsection (4) are examples and do not limit subsection (1).

It is a breach of subsection (1) for an employer to advise, or to do anything with the intention of inducing, an employee—

A party to an employment relationship who fails to comply with the duty of good faith in section 4(1) is liable to a penalty under this Act if—

An employer must keep records in sufficient detail to demonstrate that the employer has complied with minimum entitlement provisions.

The obligation in subsection (1) is in addition to the requirements in the other provisions of this Act or any other enactment relating to the keeping of records.

In this Act, unless the context otherwise requires,—

Schedule 1AA contains application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013 (see section 254).

In this Act, unless the context otherwise requires, employee—

However, subsection (1)(d) does not apply if the person is a party to, or covered by, a written employment agreement that provides that the person is an employee.

In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the court or the Authority (as the case may be) must determine the real nature of the relationship between them.

For the purposes of subsection (2), the court or the Authority—

Subsections (2) and (3) do not limit or affect the Real Estate Agents Act 2008 or the Sharemilking Agreements Act 1937.

The court may, on the application of a union, a Labour Inspector, or 1 or more other persons, by order declare whether the person or persons named in the application are—

The court must not make an order under subsection (5) in relation to a person unless—

In this section,—

In this Act, an example is only illustrative of the provision it relates to and does not limit the provision.

If an example and the provision it relates to are inconsistent, the provision prevails.

In this section, example includes any note that relates to the example.

The object of this Part is to establish that—

A contract, agreement, or other arrangement between persons must not require a person—

A contract, agreement, or other arrangement between persons must not confer on a person, because the person is or is not a member of a union or a particular union,—

Subsection (1) is not breached simply because an employee’s employment agreement or terms and conditions of employment are different from those of another employee employed by the same employer.

To avoid doubt, this Act does not prevent a collective agreement containing a term or condition that is intended to recognise the benefits—

A contract, agreement, or other arrangement has no force or effect to the extent that it is inconsistent with section 8 or section 9.

A person must not exert undue influence, directly or indirectly, on another person with the intention of inducing the other person—

Every person who contravenes subsection (1) is liable to a penalty under this Act imposed by the Authority.

The object of this Part is—

A society that is entitled to be registered as a union may apply to the Registrar of Unions to be registered as a union under this Act.

An application must be made in the prescribed manner and must be accompanied by—

A society is entitled to be registered as a union if—

In deciding whether a society is entitled to be registered as a union, the Registrar of Unions may rely on the statutory declaration made under section 13(2)(c).

The Registrar of Unions must register a society as a union if the society—

Immediately after registering a union, the Registrar of Unions must give a certificate of registration in the prescribed form to the union.

The certificate of registration is conclusive evidence that—

A union must deliver to the Registrar of Unions, not later than 1 June in each calendar year, an annual return of members, stating how many members it had as at 1 March in that year.

The Registrar of Unions may cancel the registration of a union under this Act, but only if—

The Authority may make an order for the purposes of subsection (1)(b) only if the union has ceased to comply with section 14(1).

A union is entitled to represent its members in relation to any matter involving their collective interests as employees.

This Act does not prevent a union offering different classes of membership.

A union may represent an employee in relation to the employee’s individual rights as an employee only if the union has an authority from the employee to do so given under section 236.

For the purposes of sections 20 to 25, workplace does not include a dwellinghouse.

A representative of a union is entitled, in accordance with this section and sections 20A and 21, to enter a workplace—

The purposes related to the employment of a union’s members include—

The purposes related to a union’s business include—

A discussion in a workplace between an employee and a representative of a union, who is entitled under this section and sections 20A and 21 to enter the workplace for the purpose of the discussion,—

An employer must not deduct from an employee’s wages any amount in respect of the time the employee is engaged in a discussion referred to in subsection (4).

Before entering a workplace under section 21, a representative of a union must request and obtain the consent of the employer or a representative of the employer.

If a representative of a union makes a request under subsection (1),—

If an employer or a representative of an employer withholds consent under subsection (2), the employer or representative of the employer must, as soon as is reasonably practicable but no later than the working day after the date of the decision, give reasons in writing for that decision to the representative of the union who made the request.

This section is subject to sections 22 and 23 (which specify when access to workplaces may be denied).

A representative of a union may enter a workplace—

A representative of a union exercising the right to enter a workplace—

A representative of a union exercising the right to enter a workplace must, at the time of the initial entry and, if requested by the employer or a representative of the employer or by a person in control of the workplace, at any time after entering the workplace,—

If a representative of a union exercises the right to enter a workplace and is unable, despite reasonable efforts, to find the employer or a representative of the employer or the person in control of the workplace, the representative must leave in a prominent place in the workplace a written statement of—

A representative of a union may be denied access to a workplace if entry to the premises or any part of the premises might prejudice—

A certificate given in accordance with subsection (3) is conclusive evidence that grounds exist under subsection (1) for denying entry to the premises or part of the premises.

A certificate is given in accordance with this subsection if—

A representative of a union may be denied access to a workplace if—

The chief executive may, for the purposes of section 23, issue a certificate of exemption to an employer who is an individual if the chief executive is satisfied that the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of any organisation or body other than the religious society or order of which the employer is a member.

The chief executive may revoke a certificate of exemption if—

Every person is liable to a penalty, imposed by the Authority, who, without lawful excuse,—

An employer must allow every union member employed by the employer to attend—

The union must give the employer at least 14 days’ notice of the date and time of any union meeting to which subsection (1) applies.

The union must make such arrangements with the employer as may be necessary to ensure that the employer’s business is maintained during any union meeting to which subsection (1) applies, including, where appropriate, an arrangement for sufficient union members to remain available during the meeting to enable the employer’s operations to continue.

Work must resume as soon as practicable after the meeting, but the employer is not obliged to pay any union member for a period longer than 2 hours in respect of any meeting.

An employer must allow a union member employed by the employer to attend a union meeting under subsection (1) on ordinary pay to the extent that the employee would otherwise be working for the employer during the meeting.

For the purposes of subsection (5), the union must—

Every employer who fails to allow a union member to attend a union meeting in accordance with this section is liable to a penalty imposed by the Authority.

The chief executive may appoint an employee of the department to be the Registrar of Unions, and may appoint another employee of the department to be the Deputy Registrar of Unions.

An employee appointed under subsection (1) may also hold any other office or position in the department.

Subject to the control and direction of the Registrar of Unions, the Deputy Registrar of Unions has and may exercise all the powers, duties, and functions of the Registrar.

The Registrar of Unions may apply to the Authority for directions relating to the exercise of his or her powers, duties, or functions under this Part.

An application must be served on all persons who, in the Registrar’s opinion, are interested in the application.

The following persons have standing to commence or be a party to or be heard on matters within the Authority’s jurisdiction that relate to a union under this Part:

Every person commits an offence and is liable on conviction by the court to a fine not exceeding $5,000 who does or says anything, or omits to do or say anything, with the intention of misleading or attempting to mislead the Registrar of Unions.

The object of this Part is—

The duty of good faith in section 4 requires a union and an employer bargaining for a collective agreement to do, at least, the following things:

Subsection (1)(b) does not require a union and an employer to continue to meet each other about proposals that have been considered and responded to.

The matters that are relevant to whether a union and an employer bargaining for a collective agreement are dealing with each other in good faith include—

For the purposes of subsection (3)(d), circumstances, in relation to a union and an employer, include—

This section does not limit the application of the duty of good faith in section 4 in relation to bargaining for a collective agreement.

To avoid doubt, this section does not prevent an employer from communicating with the employer’s employees during collective bargaining (including, without limitation, the employer’s proposals for the collective agreement) as long as the communication is consistent with subsection (1)(d) of this section and the duty of good faith in section 4.

The duty of good faith in section 4 does not require a union and an employer bargaining for a collective agreement—

However, an employer does not comply with the duty of good faith in section 4 if—

This section applies for the purposes of section 32(1)(e).

A request by a union or an employer to the other for information must—

A union or an employer must provide the information requested—

A person must not act as an independent reviewer unless appointed by mutual agreement of the union and employer.

As soon as practicable after receiving information under subsection (3), an independent reviewer must—

If an independent reviewer decides that the information should be treated as confidential, the independent reviewer must—

Unless the union and employer otherwise agree, information provided under subsection (3) and advice and answers provided under subsections (5) and (6)—

This section does not limit or affect the Privacy Act 1993.

Nothing in the Official Information Act 1982 (except section 6) enables an employer that is subject to that Act to withhold information that is required under section 32(1)(e).

The Minister may, by notice in the Gazette,—

The notice in the Gazette may, instead of setting out the code of good faith being approved, provide sufficient information to identify the code, specify the date on which it comes into force, and state where copies of the code may be obtained.

The purpose of a code of good faith is to provide guidance about the application of the duty of good faith in section 4 in relation to collective bargaining—

The Minister may appoint a committee for the purpose of recommending to the Minister 1 or more codes of good faith.

The membership of the committee must comprise—

The Minister must appoint the same number of persons under both subsection (2)(a) and subsection (2)(b).

The chairperson of the committee is the member appointed by the Minister to be the chairperson.

Subject to any directions given to it by the Minister, the committee may determine its own procedure.

The Minister may approve a code of good faith under section 35(1)(b) if—

Before the Minister approves a code of good faith under section 35(1)(b), the Minister may consult such persons and organisations as the Minister thinks appropriate.

If the Minister declines to approve a code of good faith recommended by the committee, the Minister must notify the committee—

A code of good faith may be amended or revoked in the same manner as the code is approved.

The Authority or court may, in determining whether or not a union and an employer have dealt with each other in good faith in bargaining for a collective agreement, have regard to a code of good faith approved under section 35 that—

Bargaining for a collective agreement may be initiated by—

However, bargaining for a collective agreement may not be initiated by an employer (whether alone or with other employers) unless the coverage clause will cover work (whether in whole or in part) that is or was covered by another collective agreement to which the employer is or was a party.

If there is no applicable collective agreement in force between a union and an employer, the union or the employer may initiate bargaining with the other at any time.

Subsection (1) applies subject to section 40(2).

If there is an applicable collective agreement in force, neither a union nor an employer may initiate bargaining earlier than 60 days before the date on which the collective agreement expires.

However, if there is more than 1 applicable collective agreement in force that binds 1 or more unions or 1 or more employers, or both, that are intended to be parties to the bargaining, then neither a union nor an employer may initiate bargaining before the later of the following dates:

For the purposes of this section, an applicable collective agreement is in force between a union and an employer if the agreement binds employees whose work is intended to come within the coverage clause in the collective agreement being bargained for.

A union or employer initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection (2).

A notice complies with this subsection if—

An employer that initiates bargaining or that receives a notice initiating bargaining for a collective agreement must draw the existence and coverage of the bargaining, and the intended parties to it, to the attention of all employees (whether or not members of a union concerned) whose work would be covered by the intended coverage clause if the collective agreement were entered into.

An employer must comply with subsection (1)—

Bargaining for a collective agreement is initiated,—

Consolidated bargaining for a single collective agreement under section 50 is initiated on the day by which all the unions concerned agree to the request from the employer to consolidate bargaining initiated by the unions.

This section applies to an employer that—

The employer may, not later than 10 days after receiving the notice, opt out of bargaining for the agreement.

An employer that wishes to opt out of bargaining under section 44A must, within the time limit specified in section 44A(2), give notice (an opt-out notice) to all other intended parties identified in the notice initiating bargaining.

An opt-out notice must—

An opt-out notice takes effect on and from the date on which it is given to all other intended parties identified in the notice initiating bargaining (see section 42).

An employer that opts out of bargaining under section 44A ceases, on the date on which the opt-out notice takes effect under section 44B(3),—

To avoid doubt,—

This section applies to—

Before bargaining for the single collective agreement is initiated under section 42, the union or each union (as the case may require) must hold, in accordance with its rules, separate secret ballots of its members employed by each employer intended to be a party to the bargaining.

A secret ballot may be held only if the members of the union employed by the employer are—

The result of a secret ballot of members of the union employed by an employer is determined by a simple majority of the members who are entitled to vote and who do vote.

If, at the conclusion of the secret ballots, 2 or more secret ballots have resulted in a decision in favour of bargaining for a single collective agreement, then the union proposing to initiate bargaining for a single collective agreement may initiate bargaining by giving a notice in accordance with section 42 to each employer in respect of which a secret ballot has resulted in a decision in favour of bargaining for a single collective agreement.

The notice must include the following additional information in respect of each employer whose employees voted in a secret ballot:

The question to be voted on in a secret ballot for the purposes of section 45 is—

This section applies to—

A union to which subsection (1)(a) applies must hold a secret ballot of its members employed by the employer if the union considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.

A union to which subsection (1)(b) applies must hold a secret ballot of its members employed by an employer to which subsection (1)(b) applies if it considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.

A secret ballot held under subsection (2) or subsection (3) must be held in accordance with sections 45 and 46, and those sections apply with all necessary modifications.

At the conclusion of a secret ballot, the union must inform the following employers of the result of the secret ballot:

At the conclusion of the secret ballots, bargaining for a single collective agreement may continue,—

Sections 45, 46, and 47 do not apply to bargaining for a single collective agreement if—

A union or employer may become a party to bargaining for a collective agreement after bargaining has been initiated, but only if the requirements of this section are met.

The union or employer that wishes to become a party to the bargaining must, at the time that it seeks to become a party, meet the requirements (including but not limited to those for secret ballots) that would have applied if the union or employer had been a party at the initiation of the bargaining.

The parties to the bargaining must consent to the union or employer becoming a party to the bargaining.

This section applies if—

The employer may, within 40 days after receiving the first notice, request each union concerned to consolidate the bargaining initiated by each notice into bargaining for a single collective agreement.

Each union receiving a request under subsection (2) must, within 30 days after receiving the request,—

A union that does not comply with subsection (3) is to be treated as if it had withdrawn the notice given under section 42.

If all the unions concerned agree to the request, the bargaining initiated by each notice is consolidated into bargaining for a single collective agreement.

The purpose of sections 50B to 50I is to provide a process that enables 1 or more parties to collective bargaining who are having serious difficulties in concluding a collective agreement to seek the assistance of the Authority in resolving the difficulties.

Sections 50B to 50I do not—