62 Terms and conditions for first 30 days of employment of new employee who is not member of union

(1)

This section—

(a)

applies to a new employee who—

(i)

is not a member of a union that is a party to a collective agreement that covers the work to be done by the employee; and

(ii)

enters into an individual employment agreement with an employer that is a party to a collective agreement that covers the work to be done by the employee; but

(b)

does not apply to an employee who—

(i)

resigns as a member of a union and enters into an individual employment agreement with the same employer; or

(ii)

enters into a new individual employment agreement with the same employer.

(2)

For the purposes of subsection (1)(a), a collective agreement that includes a coverage clause referring to named employees, or the work done by named employees, to whom the collective agreement applies must be treated as covering the work or type of work done by the named employees (whether done by those employees or any other employees).

(3)

For the first 30 days after the new employee commences employment with the employer, the employee’s terms and conditions of employment comprise—

(a)

the terms and conditions in the collective agreement that would bind the employee if the employee were a member of the union (other than any bargaining fee payable under Part 6B); and

(b)

any additional terms and conditions mutually agreed to by the employee and employer that are no less favourable to the employee than the terms and conditions in the collective agreement.

(4)

If the work to be done by the new employee is covered by more than 1 collective agreement, subsection (3)(a) applies to the collective agreement that binds the greatest number of the employer’s employees in relation to the work the employee will be performing.

(5)

No term or condition of employment may be expressed to alter automatically after the 30-day period in a way that makes it less favourable to the employee than the collective agreement.

(6)

For an employee who holds a minimum wage exemption permit under section 8 of the Minimum Wage Act 1983, the terms and conditions under subsection (3) are subject to the terms of the permit relating to the wages to be paid.

Section 62: replaced, on 6 May 2019, by section 22 of the Employment Relations Amendment Act 2018 (2018 No 53).