63B Additional employer obligations when bargaining for terms and conditions of employment under section 62

(1)

This section applies to an employer who is bargaining with a prospective employee for terms and conditions of employment for the first 30 days of an individual employment agreement under section 62(3).

(2)

The employer must, in addition to doing the things described in section 63A(2), inform the prospective employee—

(a)

that a collective agreement exists and covers work to be done by the prospective employee; and

(b)

that the prospective employee may join a union that is a party to the collective agreement; and

(c)

how to contact the union; and

(d)

that, if the prospective employee joins the union, the prospective employee will be bound by the collective agreement; and

(e)

that, if the prospective employee enters into an individual employment agreement with the employer, the prospective employee’s terms and conditions of employment will, during the first 30 days of the prospective employee’s employment, comprise—

(i)

the terms and conditions in the collective agreement that would bind the prospective employee if the prospective employee were a member of the union; and

(ii)

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

(3)

The employer must also provide to the prospective employee—

(a)

a copy of the collective agreement; and

(b)

any information about the role and functions of the union that the employer is required to provide to prospective employees in accordance with a request by a union under section 30A.

(4)

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

Section 63B: inserted, on 6 May 2019, by section 24 of the Employment Relations Amendment Act 2018 (2018 No 53).