54 Form and content of collective agreement

(1)

A collective agreement has no effect unless—

(a)

it is in writing; and

(b)

it is signed by each union and employer that is a party to the agreement.

(2)

A collective agreement may contain such provisions as the parties to the agreement mutually agree on.

(3)

However, a collective agreement—

(a)

must contain—

(i)

a coverage clause; and

(ii)

the rates of wages or salary payable to employees bound by the agreement; and

(ii)
[Repealed]

(iii)

a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to the period of 90 days in section 114 within which a personal grievance must be raised; and

(iv)

a clause providing how the agreement can be varied; and

(v)

the date on which the agreement expires or an event on the occurrence of which the agreement is to expire; and

(b)

must not contain anything—

(i)

contrary to law; or

(ii)

inconsistent with this Act.

(4)

For the purposes of subsection (3)(a)(ii), a collective agreement contains the rates of wages or salary payable to employees bound by the agreement if it—

(a)

contains, in respect of the employees bound by the collective agreement (whether by reference to the work or types of work done by the employees or by reference to named employees or types of employees),—

(i)

the rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; or

(ii)

the minimum rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; or

(iii)

1 or more methods of calculating the rates or minimum rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; and

(b)

indicates how the rate of wages or salary payable to an employee bound by the agreement may increase during the term of the agreement.

Section 54(3)(a)(ii): inserted, on 6 May 2019, by section 19(1) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 54(3)(a)(ii): repealed, on 1 December 2004, by section 15 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 54(4): inserted, on 6 May 2019, by section 19(2) of the Employment Relations Amendment Act 2018 (2018 No 53).