Regulations 6 to 9 apply in relation to an application to initiate bargaining for a proposed agreement, if the application is made under section 27(1)(b)(ii) of the Act on the basis of meeting the public interest initiation test.

To meet the requirement in section 29(1)(a) of the Act that a prescribed portion of employees who would be within the coverage of the proposed agreement receive low pay for their work, the chief executive must be satisfied that—

To meet the requirement in section 29(1)(b)(i) of the Act that a prescribed portion of employees who would be within the coverage of the proposed agreement have little bargaining power in their employment, the chief executive must be satisfied that—

To meet the requirement in section 29(1)(b)(ii) of the Act that a prescribed portion of employees who would be within the coverage of the proposed agreement have a lack of pay progression in their employment, the chief executive must be satisfied that the circumstances set out in subclause (2) exist.

The circumstances are that approximately 60% or more of the covered employees who have been employed in a role for a relatively long period receive a rate of wages that is, on average, no more than 20% above the rate of wages received by covered employees who have been recently appointed to the same role, despite—

For the purposes of subclause (2), to determine whether an employee has been employed for a relatively long period the chief executive—

To meet the requirement in section 29(1)(b)(iii) of the Act that a prescribed portion of employees who would be within the coverage of the proposed agreement are not adequately paid for their employment, the chief executive must be satisfied that at least 60% of the employees are not adequately paid when taking into account whether the employees—

In addition to meeting the requirements set out in the Act, an application to initiate bargaining must specify the coverage of a proposed agreement,—

If a bargaining party considers that no ANZSCO code accurately describes a relevant occupation, or no ANZSIC code accurately describes a relevant industry, the bargaining party’s application must—

Subclause (2) applies when the chief executive considers whether to approve an application to initiate bargaining for a proposed agreement that relies on the representation test described in section 28(1) or 205(2)(a) (as applicable) of the Act.

For the purpose of section 35(3) of the Act, the chief executive may verify information that the applicant has provided under section 31(1)(a)(ii) or 203(3) (as applicable) of the Act by requiring the applicant to provide the information specified in subclause (3).

The information is, for each employee in a sample of the employees who the applicant claims support the application for the proposed agreement,—

Subclause (2) applies when the chief executive considers whether to approve an application to initiate bargaining to renew or replace a fair pay agreement that relies on the representation test described in section 205(2)(b) of the Act.

For the purpose of section 35(3) of the Act, the chief executive may verify information that the applicant has provided under section 203(2) or 204 (as applicable) of the Act by requiring the applicant to provide the information specified in subclause (3).

The information is, for each employer who the applicant claims supports the proposed renewal or the proposed replacement, or for a sample of those employers,—

This Part applies to certain aspects of the mandatory content of each fair pay agreement (see section 123 of the Act).

If the mandatory content of a fair pay agreement is the same for all covered employees, the agreement need specify the mandatory content only once.

If the mandatory content of a fair pay agreement applies differently to a specified class of employees in accordance with sections 130 to 137 of the Act, the agreement must specify the mandatory content (in accordance with these regulations) separately for each such class of employees.

Subclause (2) applies if a fair pay agreement includes terms that apply to a class of covered employees that are different from the terms that apply to another class of covered employees under the same fair pay agreement, and the terms relate to 1 or more of the following matters:

The fair pay agreement must—

If a fair pay agreement provides the same entitlements for the matters listed in subclause (1) for all covered employees—

For the purpose of section 123(1)(d)(i) of the Act, a fair pay agreement must specify the minimum base wage rate, other than a starting-out rate of wages or a training rate of wages, by either or both of the following methods:

For the purposes of sections 131 to 133 of the Act, a fair pay agreement must—

If a fair pay agreement specifies a starting-out rate of wages or a training rate of wages, it must be expressed as being 1 or more of the following:

For the purpose of section 123(1)(d)(iv) of the Act, a fair pay agreement must specify that the minimum base wage rate, including any starting-out rate of wages and any training rate of wages, is adjusted by 1 or more of the following methods:

For the purpose of section 123(1)(c) of the Act, a fair pay agreement must specify the standard hours for each type of work covered by the agreement and for each class of covered employees under the agreement by specifying—

For the purpose of section 123(1)(d)(ii) of the Act, a fair pay agreement must specify an overtime rate for each type of work covered by the agreement and for each class of covered employee under the agreement by specifying 1 or more of the following:

The fair pay agreement must specify when overtime rates are payable by reference to 1 or both of the following (but see section 124 of the Act):

For the purpose of section 123(1)(d)(iii) of the Act, a fair pay agreement must specify penalty rates for each type of work covered by the agreement and for each class of covered employees under the agreement by specifying 1 or more of the following:

The fair pay agreement must specify when the penalty rates are payable by specifying (but see section 124 of the Act)—

For the purpose of section 123(1)(d)(iv) of the Act, a fair pay agreement must specify that each overtime rate and each penalty rate is adjusted by 1 or more of the following methods:

For the purpose of section 123(1)(f) of the Act, a fair pay agreement must specify each leave entitlement for each type of work covered by the agreement, and for each class of covered employees, by specifying,—

For the purpose of section 128 of the Act, if a leave entitlement is expressed as a specified amount, it must be expressed using the same unit of time as that used in the Holidays Act 2003 for the corresponding type of leave.

If a fair pay agreement provides employees performing a type of work covered by the agreement, or a class of covered employees, with a leave entitlement other than leave of a type provided by Part 2 of the Holidays Act 2003, the agreement must specify—

The employee default bargaining party is New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated.

The employer default bargaining party is Business New Zealand Incorporated.

A fair pay agreement notice issued by the chief executive under section 168(1)(b) of the Act to amend the coverage of a fair pay agreement must contain the following information:

In this regulation,—