Lawfulness of strikes and lockouts

82A Requirement for union to hold secret ballot before strike

(1)

This section applies to—

(a)

a union that—

(i)

is bound by a current collective agreement; or

(ii)

will be bound by a proposed collective agreement; and

(b)

members of that union who are employees who are or have been in the employment of the same employer or of different employers and who—

(i)

are or were bound (as the case may be) by the current collective agreement referred to in paragraph (a)(i); or

(ii)

will be bound (as the case may be) by the proposed collective agreement referred to in paragraph (a)(ii).

(2)

Before a strike may proceed under this Part,—

(a)

the union must hold, in accordance with its rules, a secret ballot of its members who are employed by the same or different employers (as the case may be) and who would become a party to the strike; and

(b)

the result of the secret ballot must be in favour of the strike.

(3)

For the purposes of subsection (2)(b), the result of a secret ballot is determined by a simple majority of the members of the union who are entitled to vote and who do vote.

(4)

As soon as is reasonably practicable after the conclusion of the secret ballot under subsection (2), the union must notify the result of the ballot to the members of the union who were entitled to vote.

Section 82A: inserted, on 14 May 2013, by section 7 of the Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 (2012 No 37).