Employment Relations Act 2000

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
161 Jurisdiction

(1)

The Authority has exclusive jurisdiction to make determinations about employment relationship problems generally, including—

(a)

disputes about the interpretation, application, or operation of an employment agreement:

(b)

matters related to a breach of an employment agreement:

(c)

matters about whether a person is an employee (not being matters arising on an application under section 6(5)):

(ca)

facilitating bargaining under sections 50A to 50I:

(cb)

fixing the provisions of a collective agreement under section 50J:

(cba)
[Repealed]

(cc)
[Repealed]

(d)

matters alleged to arise under section 68 because a party to an individual employment agreement has bargained unfairly:

(daa)

determining whether an employer has complied with section 69AAE:

(dab)

determining whether an employer has complied with section 69ABE (including, without limitation, whether the employer has avoided non-compliance with section 69ABE, as that term is defined in section 69ABA):

(da)

investigating bargaining under section 69O and, if necessary, determining redundancy entitlements under that section:

(e)

personal grievances:

(ea)

joining a controlling third party to a personal grievance under section 103B:

(f)

matters about whether the good faith obligations imposed by this Act (including those that apply where a union and an employer bargain for a collective agreement) have been complied with in a particular case:

(g)

matters about the recovery of wages or other money under section 131:

(ga)

determining the apportionment of liability for the costs of service-related entitlements under section 69LB(4):

(h)

matters about whether the rules of a union, or of an incorporated society that wishes to register as a union, comply with the provisions of this Act:

(i)

matters about whether an incorporated society is entitled to register under this Act as a union or is entitled to continue to be so registered:

(j)

matters about whether a person is entitled to be a member of a union:

(k)

matters related to a failure by a union to comply with its rules:

(l)

any proceedings related to a strike or lockout (other than those founded on tort or seeking an injunction):

(la)
[Repealed]

(m)

actions for the recovery of penalties—

(i)

under this Act for a breach of an employment agreement:

(ii)

under this Act for a breach of any provision of this Act (being a provision that provides for the penalty to be recovered in the Authority):

(iia)

under the Support Workers (Pay Equity) Settlements Act 2017:

(iib)

under section 18 of the Equal Pay Act 1972:

(iii)

under section 76 of the Holidays Act 2003:

(iiia)

under section 25 of the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016:

(iv)

under section 10 of the Minimum Wage Act 1983:

(v)

under section 13 of the Wages Protection Act 1983:

(vi)

under section 211 or 212 of the Fair Pay Agreements Act 2022:

(n)

compliance orders under section 137:

(o)

objections under section 225 to demand notices:

(p)

orders for interim reinstatement under section 127:

(q)

actions of the type referred to in section 228(1):

(qa)

disputes about an invention made by an employee (either alone or jointly with any other person) or any patent granted, or to be granted, in respect of that invention:

(qb)

reviews under section 30 of the Patents Act 2013:

(qc)

determining whether an employer has complied with section 30D of the Parental Leave and Employment Protection Act 1987:

(qd)

all matters arising under the Equal Pay Act 1972 and, in particular,—

(i)

determining equal pay claims and unlawful discrimination claims:

(ii)

determining disputes as to whether a pay equity claim is arguable:

(iii)

determining disputes as to whether work is comparable work for the purpose of assessing a pay equity claim:

(iv)

determining disputes as to whether work is in fact undervalued:

(v)

fixing remuneration that is consistent with pay equity under that Act:

(vi)

determining whether the terms and conditions of employment in an employee’s employment agreement are more or less favourable than the terms and conditions of employment in a pay equity claim settlement for the purposes of section 13ZM of that Act:

(vii)

determining whether to provide for recovery of an amount of remuneration for past work, and the amount to provide, under section 13ZZD of that Act:

(viii)

determining the applicable start date for the purposes of section 13ZZE of that Act:

(qe)

all matters arising under the Fair Pay Agreements Act 2022 and, in particular, those listed in section 228 of that Act:

(r)

any other action (being an action that is not directly within the jurisdiction of the court) arising from or related to the employment relationship or related to the interpretation of this Act (other than an action founded on tort):

(s)

determinations under such other powers and functions as are conferred on it by this or any other Act.

(2)

Except as provided in subsection (1)(ca), (cb), (d), (da), (f), and (qd), the Authority does not have jurisdiction to make a determination about any matter relating to—

(a)

bargaining; or

(b)

the fixing of new terms and conditions of employment.

(3)

Except as provided in this Act, no court has jurisdiction in relation to any matter that, under subsection (1), is within the exclusive jurisdiction of the Authority.

(4)

The Authority has jurisdiction to perform and exercise the functions and powers conferred on it by the Screen Industry Workers Act 2022.

Compare: 1991 No 22 s 79(1)(b)–(g), (j)

Section 161(1)(ca): inserted, on 1 December 2004, by section 55(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 161(1)(cb): inserted, on 1 December 2004, by section 55(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 161(1)(cba): repealed, on 12 December 2018, by section 35(1) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 161(1)(cc): repealed, on 1 April 2019, by section 14(1) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 161(1)(daa): inserted, on 1 April 2019, by section 14(2) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 161(1)(dab): inserted, on 1 April 2019, by section 14(2) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 161(1)(da): inserted, on 1 December 2004, by section 55(2) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 161(1)(da): amended, on 14 September 2006, by section 10 of the Employment Relations Amendment Act 2006 (2006 No 41).

Section 161(1)(ea): inserted, on 27 June 2020, by section 10 of the Employment Relations (Triangular Employment) Amendment Act 2019 (LI 2019 No 36).

Section 161(1)(ga): inserted, on 6 March 2015, by section 66(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 161(1)(la): repealed, on 12 December 2018, by section 35(1) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 161(1)(m)(iia): inserted, on 1 July 2017, by section 20(3) of the Care and Support Workers (Pay Equity) Settlement Act 2017 (2017 No 24).

Section 161(1)(m)(iia): amended, on 7 August 2020, by section 23(2)(b) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).

Section 161(1)(m)(iib): inserted, on 6 November 2020, by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).

Section 161(1)(m)(iii): amended, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 161(1)(m)(iiia): inserted, on 25 February 2016, by section 31(3) of the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 (2016 No 2).

Section 161(1)(m)(vi): inserted, on 1 December 2022, by section 285 of the Fair Pay Agreements Act 2022 (2022 No 58).

Section 161(1)(qa): inserted, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 161(1)(qb): inserted, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 161(1)(qc): inserted, on 1 April 2016, by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).

Section 161(1)(qd): inserted, on 6 November 2020, by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).

Section 161(1)(qe): inserted, on 1 December 2022, by section 285 of the Fair Pay Agreements Act 2022 (2022 No 58).

Section 161(2): amended, on 6 November 2020, by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).

Section 161(2): amended, on 12 December 2018, by section 35(2) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 161(2): amended, on 1 December 2004, by section 55(3) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 161(4): inserted, on 30 December 2022, by section 104 of the Screen Industry Workers Act 2022 (2022 No 52).