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.
Coat of Arms of New Zealand

Employment Relations Amendment Act 2018

Public Act
 
2018 No 53
Date of assent
 
11 December 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
Part 1
Amendments relating to collective bargaining and unions
Amendments to Part 2 (preliminary provisions)
4Section 5 amended (Interpretation)
Amendments to Part 4 (recognition and operation of unions)
5Section 12 amended (Object of this Part)
6New section 18A inserted (Union delegates entitled to reasonable paid time to represent employees)
18AUnion delegates entitled to reasonable paid time to represent employees
7Section 20 amended (Access to workplaces)
8Section 20A amended (Representative of union must obtain consent to enter workplace)
9Section 21 amended (Conditions relating to access to workplaces)
10Section 25 amended (Penalty for certain acts in relation to entering workplace)
11New section 30A and cross-heading inserted
Employer’s information sharing obligations
30AUnion may provide employer with information about role and functions of union to pass on to prospective employees
Amendments to Part 5 (collective bargaining)
12Section 31 amended (Object of this Part)
13Section 32 amended (Good faith in bargaining for collective agreement)
14Section 33 replaced (Duty of good faith does not require collective agreement to be concluded)
33Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
15Section 41 amended (When bargaining may be initiated)
16Sections 44A to 44C repealed
17Sections 50K and 50KA and cross-heading repealed
18Section 53 amended (Continuation of collective agreement after specified expiry date)
19Section 54 amended (Form and content of collective agreement)
Amendments to Part 6 (individual employees’ terms and conditions of employment)
20New cross-heading above section 60A inserted
Good faith
21New cross-heading above section 61 inserted
Terms and conditions of employment if work covered by collective agreement
22Section 62 replaced (Employer’s obligations in respect of new employee who is not member of union)
62Terms and conditions for first 30 days of employment of new employee who is not member of union
62AEmployer must share new employee information with union unless employee objects
63Terms and conditions of employment of employee who is not member of union after expiry of 30-day period
Bargaining
23Section 63A amended (Bargaining for individual employment agreement or individual terms and conditions in employment agreement)
24New section 63B and cross-heading inserted
63BAdditional employer obligations when bargaining for terms and conditions of employment under section 62
Individual employment agreements
25New cross-heading above section 65A inserted
Specific terms and conditions of employment
26New cross-heading above section 68 inserted
Unfair bargaining
Amendments to Part 8 (strikes and lockouts)
27Section 80 amended (Object of this Part)
28Section 86A amended (Notice of strike)
29Sections 95A to 95H and cross-headings repealed
30Section 100 amended (Jurisdiction of court in relation to injunctions)
Amendments to Part 9 (personal grievances, disputes, and enforcement)
31Section 104 amended (Discrimination)
32Section 106 amended (Exceptions in relation to discrimination)
33Section 107 amended (Definition of involvement in activities of union for purposes of section 104)
34Section 119 amended (Presumption in discrimination cases)
Amendments to Part 10 (institutions)
35Section 161 amended (Jurisdiction)
Part 2
Other amendments
Amendments to Part 6 (individual employees’ terms and conditions of employment)
36Section 67A replaced (When employment agreement may contain provision for trial period for 90 days or less)
67AWhen employment agreement may contain provision for trial period for 90 days or less
37Section 67B amended (Effect of trial provision under section 67A)
Amendments to Part 6A (continuity of employment if employees’ work affected by restructuring)
38Section 69A amended (Object of this subpart)
39Section 69B amended (Interpretation)
40Sections 69CA to 69I replaced
69DMeaning of new employer
69EExamples of contracting in, contracting out, and subsequent contracting
69FApplication of this subpart
69FAEmployer’s breach of obligations not to affect employee’s rights and new employer’s obligations
69GNotice of right to make election
69HEmployee bargaining for alternative arrangements
69IEmployee may elect to transfer to new employer
41Section 69OAA repealed (False warranty: exempt employer)
42Section 69OC amended (Disclosure of employee transfer costs information)
Amendments to Part 6D (rest breaks and meal breaks)
43Sections 69ZC to 69ZEB replaced
69ZCInterpretation
69ZDEmployee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks
69ZETiming of rest breaks and meal breaks
69ZEAExemption from requirement to provide rest breaks and meal breaks
69ZEBCompensatory measures
44Section 69ZG amended (Relationship between Part and employment agreements)
45Section 69ZH replaced (Relationship between Part and other enactments)
69ZHRelationship between this Part and other enactments
Amendments relating to remedy of reinstatement
46Section 5 amended (Interpretation)
47Section 125 replaced (Remedy of reinstatement)
125Reinstatement to be primary remedy
Amendments to Part 11 (general provisions)
48New section 237A inserted (Amendments to Schedule 1A)
237AAmendments to Schedule 1A
Transitional, savings, and related provisions
49Schedule 1AA amended
Consequential amendments to Wages Protection Act 1983
50Consequential amendments to Wages Protection Act 1983
Schedule
Transitional, savings, and related provisions
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: