62A Employer must share new employee information with union unless employee objects

(1)

This section applies to an employer who enters into an individual employment agreement with a new employee under section 62.

(2)

The employer must, within 10 days after the employee commences employment with the employer, provide the employee with a form approved by the chief executive under section 237AA that the employee may complete and return in accordance with subsection (4) for the purposes of—

(a)

notifying the employer whether the employee intends to join a union (or a particular union):

(b)

objecting to the employer providing information about the employee to,—

(i)

if the employee does not intend to join a union, any union; or

(ii)

if the employee intends to join a particular union, any other union.

(3)

The form must be accompanied by a notice that—

(a)

specifies the period during which the employee may complete and return the form, which is the period described in subsection (4); and

(b)

explains that, unless the employee objects in accordance with this section, the employer will provide the following information to each union that is a party to a collective agreement that covers the work to be done by the employee:

(i)

the name of the employee:

(ii)

whether the employee has, during the period,—

(A)

notified the employer that the employee intends to join the union; or

(B)

notified the employer that the employee does not intend to join the union; or

(C)

not completed and returned the form.

(4)

The employee may complete and return the form during the period that—

(a)

starts when the employee receives the form; and

(b)

ends 30 days after the employee commences employment with the employer.

(5)

The employer must, within 10 working days of the expiry of the period described in subsection (4), provide the following to each union that is a party to a collective agreement that covers the work to be done by the employee (unless the employee has objected in accordance with this section):

(a)

the name of the employee:

(b)

if the employee completes and returns a form in accordance with this section, the completed form:

(c)

if the employee does not complete and return the form in accordance with this section, notice that the employee did not complete and return the form.

(6)

Nothing in this section limits or affects the right of an employee to become, or not to become, a member of a union or a particular union at any time.

(7)

An employer who fails to comply with this section is liable to a penalty imposed by the Authority.

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