Employment Relations Amendment Bill

  • enacted

Hon Michael Woodhouse

Employment Relations Amendment Bill

Government Bill


As reported from the committee of the whole House



1 Title

2 Commencement

3 Principal Act

Part 1
Amendments to principal Act

Amendments to Part 1 (Key provisions)

4 Section 4 amended (Parties to employment relationship to deal with each other in good faith)

5 Section 5 amended (Interpretation)

6 New section 5A inserted (Provisions affecting application of amendments to this Act)

Amendments to Part 5 (Collective bargaining)

7 Section 31 amended (Object of this Part)

8 Section 32 amended (Good faith in bargaining for collective agreement)

9 Section 33 replaced (Duty of good faith requires parties to conclude collective agreement unless genuine reason not to)

10 Section 41 amended (When bargaining may be initiated)

10A Section 43 amended (Employees' attention to be drawn to initiation of bargaining)

11 New sections 44A to 44C inserted

12 New section 50K and cross-heading inserted

12A New section 50KA inserted (Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration)

13 Section 53 amended (Continuation of collective agreement after specified expiry date)

14 Section 59B amended (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)

Amendments to Part 6 (Individual employees' terms and conditions of employment)

15 Section 62 amended (Employer's obligations in respect of new employee who is not member of union)

16 Section 63 repealed (Terms and conditions of employment of new employee who is not member of union)

17 Section 63A amended (Bargaining for individual employment agreement or individual terms and conditions in employment agreement)

18 Section 65 amended (Terms and conditions of employment where no collective agreement applies)

19 Section 67A amended (When employment agreement may contain provision for trial period for 90 days or less)

Amendments to Part 6AA (Flexible working)

20 Section 69AA amended (Object of this Part)

20A Section 69AAA amended (Interpretation)

21 Section 69AAB replaced (When employee may make request)

22 Section 69AAC amended (Requirements relating to request)

23 Section 69AAD repealed (Limitation on frequency of requests)

24 Section 69AAE replaced (Employer must notify decision as soon as possible)

25 Section 69AAF amended (Grounds for refusal of request by employer)

26 Section 69AAI amended (Application to Authority)

27 Section 69AAL and cross-heading repealed

Amendments to Part 6A (Continuity of employment if employees' work affected by restructuring)

28 Section 69A replaced (Object of this subpart)

29 Section 69B amended (Interpretation)

30 New sections 69CA to 69CE inserted

30A New section 69DA inserted (Associated person)

31 Section 69E amended (Examples of contracting in, contracting out, and subsequent contracting)

31A New section 69FA inserted (Employer's breach of obligations not to affect employee's rights and new employer's obligations)

32 Section 69G replaced (Notice of right to make election)

33 Section 69H amended (Employee bargaining for alternative arrangements)

34 Section 69I amended (Employee may elect to transfer to new employer)

35 New sections 69LA to 69LC inserted

36 New section 69OAA inserted (False warranty: exempt employer)

37 Subpart 2 heading in Part 6A replaced

38 Section 69OA replaced (Object of this subpart)

39 Section 69OB amended (Interpretation)

40 Section 69OC amended (Disclosure of employee transfer costs information)

40A Section 69OD amended (Provision of employee transfer costs information by other persons)

41 New section 69OEA inserted (Disclosure of individualised employee information)

42 Subpart 4 of Part 6A repealed

Amendments to Part 6D (Rest breaks and meal breaks)

43 Section 69ZC replaced (Interpretation)

44 Sections 69ZD and 69ZE replaced

45 Section 69ZF amended (Penalty)

46 Sections 69ZG and 69ZH replaced

Amendments to Part 8 (Strikes and lockouts)

47 Section 80 amended (Object of this Part)

48 Section 86 amended (Unlawful strikes or lockouts)

49 New sections 86A and 86B and cross-heading inserted

50 Section 90 amended (Strikes in essential services)

51 Section 91 amended (Lockouts in essential services)

52 Section 93 amended (Procedure to provide public with notice before strike in certain passenger transport services)

53 Section 94 amended (Procedure to provide public with notice before lockout in certain passenger transport services)

54 Section 95 replaced (Penalty for breach of section 93 or section 94)

55 New section 95AA and cross-heading inserted

56 New sections 95A to 95H and cross-headings inserted

57 Section 100 amended (Jurisdiction of court in relation to injunctions)

Amendment to Part 9 (Personal grievances, disputes, and enforcement)

58 Section 140A amended (Compliance order in relation to disclosure of employee transfer costs information)

Amendments to Part 10 (Institutions)

59 Section 159A amended (Duty of Authority to prioritise previously mediated matters)

60 Section 161 amended (Jurisdiction)

60A New section 166B inserted

60B Section 173A amended (Recommendation to parties)

61 Section 174 replaced (Determinations)

61A Section 179 amended (Challenges to determinations of Authority)

61AB Section 181 amended (Report in relation to good faith)

61B Section 184 amended (Restriction on review)

Amendments to Part 11 (General provisions)

62 New section 237AA inserted (Chief executive may approve forms)

63 Section 237A repealed (Amendments to Schedule 1A)

Schedule 1 amended (Essential services)

63A Schedule 1 amended

Part 2
Application, savings, transitional, and consequential provisions

64 New section 254 inserted (Application, savings, and transitional provisions relating to amendments to Act)

65 New Schedule 1AA inserted

66 Consequential amendments to other Acts

Schedule 1
New Schedule 1AA inserted

Schedule 2
Consequential amendments to other Acts

Legislative history

The Parliament of New Zealand enacts as follows: