Employment Relations Amendment Act 2018

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
  • Corrections have been made to section 2(a)(v) and the Schedule on 13 December 2018 under section 25(1)(j)(iii) & (v) of the Legislation Act 2012.
11 New section 30A and cross-heading inserted

After section 30, insert:

Employer’s information sharing obligations

30A Union may provide employer with information about role and functions of union to pass on to prospective employees

(1)

A union that is a party to a collective agreement may, at any time, request an employer that is a party to the agreement to provide certain specified information about the role and functions of the union to prospective employees under section 63B(3)(b).

(2)

The union must—

(a)

specify the information that the union requests the employer to provide to prospective employees; and

(b)

specify the form in which the union requests the employer to provide the information to prospective employees; and

(c)

provide the information to the employer in the specified form.

(3)

The employer or a representative of the employer may refuse to comply with the request only if—

(a)

the information is confidential; or

(b)

the information—

(i)

is about the employer; and

(ii)

would, or is likely to, mislead or deceive the prospective employee; and

(iii)

would significantly undermine bargaining between the employer and the prospective employee.

(4)

An employer who agrees to comply with the request must provide the information to prospective employees under section 63B(3)(b) in the specified form.

(5)

An employer must be treated as having agreed to comply with the request if the employer or a representative of the employer does not respond to the request within 15 working days.

(6)

If the union requests under subsection (2)(b) that the employer provide hard copies of the information to prospective employees,—

(a)

the union must supply to the employer any hard copies of the information that the employer is requested to provide to prospective employees; and

(b)

the employer must notify the union in writing when the employer requires further hard copies of the information to comply with the request.