1 Title
2 Commencement
3 Purpose
4 Object of this Act
5 Parties to employment relationship to deal with each other in good faith
6 New section 4A inserted
4A Penalty for certain breaches of duty of good faith
7 Interpretation
8 Prohibition on preference
9 Access to workplaces
10 Object of this Part
11 Good faith in bargaining for collective agreement
12 New section 33 substituted
33 Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
13 When bargaining may be initiated
14 New heading and sections 50A to 50J inserted
Facilitating bargaining
50A Purpose of facilitating collective bargaining
50B Reference to Authority
50C Grounds on which Authority may accept reference
50D Limitation on which member of Authority may provide facilitation
50E Process of facilitation
50F Statements made by parties during facilitation
50G Proposals made or positions reached during facilitation
50H Recommendation by Authority
50I Party must deal with Authority in good faith
Determining collective agreement if breach of duty of good faith
50J Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
15 Form and content of collective agreement
16 Application of collective agreement
17 New section 56A inserted
56A Application of collective agreement to subsequent parties
18 New heading and sections 59A to 59C inserted
Undermining collective bargaining or collective agreement
59A Interpretation
59B Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
59C Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement
19 Object of this Part
20 New section 60A inserted
60A Good faith in bargaining for individual employment agreement
21 Employer's obligations in respect of new employee who is not member of union
22 Terms and conditions of employment of new employee who is not member of union
23 New section 63A inserted
63A Bargaining for individual employment agreement or individual terms and conditions in employment agreement
24 Section 64 repealed
25 Terms and conditions of employment where no collective agreement applies
26 New section 65A inserted
65A Deduction of union fees
27 Fixed term employment
28 Probationary arrangements
29 Unfair bargaining for individual employment agreements
30 New Part 6A and Part 6B inserted
Part 6AContinuity of employment if employer's business restructured
Subpart 1—Specified categories of employees
69A Object of this subpart
69B Interpretation
69C Application of this subpart
69D Notice of right to make election
69E Employee bargaining for alternative arrangements
69F Employee may elect to transfer to new employer
69G Agreements excluding entitlements for technical redundancy not affected
69H New employer becomes party to collective agreement that binds employee electing to transfer
69I Employee who transfers may bargain for redundancy entitlements with new employer
69J Authority may investigate bargaining and determine redundancy entitlements
Subpart 2—Other employees
69K Object of this subpart
69L Interpretation
69M New collective agreements and new individual employment agreements must contain employee protection provision
69N When existing collective agreement or individual employment agreement must contain employee protection provision
69O Affected employee may choose whether to transfer to new employer
Part 6BBargaining fees
69P Interpretation
69Q Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot
69R Employer to notify employees if bargaining fee clause agreed to
69S Which employees bargaining fee clause applies to
69T Bargaining fee clause binding on employer and employee
69U Amount of bargaining fee
69V Expiry of bargaining fee clause
69W Validity of bargaining fee clause
31 Interpretation
32 Minister to approve employment relations education
33 Calculation of maximum number of days of employment relations education leave
34 Eligible employee proposing to take employment relations education leave
35 Unlawful strikes or lockouts
36 New Part 8A inserted
Part 8ACodes of employment practice and code of good faith for public health sector
Codes of employment practice
100A Codes of employment practice
100B Amendment and revocation of code of practice
100C Authority or Court may have regard to code of practice
Code of good faith for public health sector
100D Code of good faith for public health sector
100E Amendments to or replacement of code of good faith for public health sector
37 Object of this Part
38 New section 103A inserted
103A Test of justification
39 Exceptions in relation to discrimination
40 Definition of involvement in activities of union for purposes of section 104
41 Choice of procedures
42 Remedies
43 Arrears
44 Recovery of penalties
45 Power of Authority to order compliance
46 Further provisions relating to compliance order by Authority
47 Object of this Part
48 New section 144A inserted
144A Dispute resolution services
49 Provision of mediation services
50 Procedure in relation to mediation services
51 Settlements
52 Decision by authority of parties
53 New section 150A inserted
150A Payment on resolution of problem
54 Powers of Authority
55 Jurisdiction
56 Procedure
57 Referral of question of law
58 Removal to Court
59 Challenges to determinations of Authority
60 New section 179A inserted
179A Limitation on challenges to certain determinations of Authority
61 Decision
62 Restriction on review
63 Role in relation to jurisdiction
64 Application for review
65 New section 194A inserted
194A Application for review by certain employees
66 Powers of Labour Inspectors
67 Compilation of wages and time record
68 New section 237A inserted
237A Amendments to Schedule 1A
69 New Schedules 1A and 1B inserted
70 Schedule 2 amended
4A Service outside New Zealand
71 Schedule 3 amended
5A Service outside New Zealand
72 Consequential amendments
73 Transitional provisions
Schedule 1New Schedules 1A and 1B inserted in principal Act
Schedule 2Enactments amended
Legislative history
The Parliament of New Zealand enacts as follows: