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Screen Industry Workers Bill
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Contents
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Hon Andrew Little
Screen Industry Workers Bill
Government Bill
219—2
Contents
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
3
Purpose
4
Overview of Act
5
Employment status of screen production workers determined by this Act
6
No contracting out
6A
Prohibition on matters relating to bullying, discrimination, and harassment
7
Application of Commerce Act 1986
7
Exemption from Commerce Act 1986 prohibition on restrictive trade practices
8
Act binds the Crown
9
Transitional, savings, and related provisions
10
Interpretation
11
Meaning of screen production worker
12
Screen productions to which Act applies
Part 1A
Freedom of association
12A
Voluntary membership of worker organisation or engager organisation
12B
Prohibition on preferential treatment
12C
Arrangements inconsistent with section 12A or 12B of no effect
12D
Undue influence prohibited
12E
Penalty for breaching section 12D
Part 2
Workplace relationships and individual contracts
Subpart 1—Workplace relationships
13
Parties to workplace relationship must act in good faith
14
Person must not exert undue influence on screen production worker
15
Penalty for breaching section 13
or 14
Subpart 2—Individual contracts
16AAA
Engager responsibilities before entering individual contracts
16
Engager must provide screen production worker with individual contract
16
Engager must provide screen production worker with individual contract
16A
Individual contract terms
17
Mandatory individual contract terms
18
Prohibition on retaliatory termination of individual contracts
19
Parties may resolve individual contract disputes using dispute resolution procedures
19
Resolution of disputes relating to individual contracts
20
Penalty for failing to comply with
Penalties relating to
individual
contract requirements
contracts
Part 3
Collective bargaining
Subpart 1—Registration as worker organisation or engager organisation
21
Incorporated society may apply to register as worker organisation or engager organisation
22
When society entitled to be registered
23
Registration
24
Annual return of members
25
Cancellation of registration
Subpart 2—Matters applying to all collective bargaining
26
Collective bargaining
to
must
be carried out in good faith
27
Bargaining parties required to conclude collective contract
27
Bargaining parties must conclude collective contract
28
Industrial action prohibited during bargaining
29
Penalty for engaging in industrial action during bargaining
29A
Penalties for failing to comply with collective bargaining requirements
30
Requests for information during bargaining
31
Form and content of collective contracts
32
Mandatory collective contract terms
32A
Bargaining fees
32B
Minimum and maximum duration of collective contracts
32C
Collective contracts must be sent to chief executive
32D
Variations to collective contracts
33
Exemptions from occupation-level collective contracts
33
Exemptions from terms of occupation-level collective contracts
33A
Penalty for breaching section 33
34
Minimum and maximum duration of collective contracts
35
Collective contracts must be sent to chief executive
35A
Enforcement of collective contracts
35B
Resolution of disputes relating to collective contracts
Subpart 3—Matters applying to bargaining for occupation-level collective contracts
36
Preliminary requirements
37
Worker organisation or engager organisation may apply for approval to initiate bargaining
38
When application may be made
39
Applications
to
must
be notified and submissions invited
40
Authority must decide whether to allow bargaining
41
Bargaining parties
42
Authority
to
must
decide worker organisation responsible for ratification vote
43
Authority must publish decisions on applications
43A
How bargaining initiated (once approval given)
44
Removal of bargaining party
44A
Addition of bargaining party
45
How bargaining for occupation-level collective contract initiated (once approval given)
46
Authority must assess draft occupation-level collective contracts for suitability for ratification
47
Ratification of occupation-level collective contract
48
Coverage of occupation-level collective contract
49
Commencement of occupation-level collective contract
Subpart 4—Matters applying to bargaining for enterprise-level collective contracts
50
Who may participate in bargaining for enterprise-level collective contract
51
How and when bargaining may be initiated
51A
Withdrawal of consent to bargaining prohibited
52
Limits on bargaining
Limitations on terms that may be agreed
53
Ratification of enterprise-level collective contract
54
Coverage of enterprise-level collective contract
54A
Screen production worker may choose contract to apply
55
Commencement of enterprise-level collective contract
Part 4
Dispute resolution, challenges, reviews, penalties, and offences
Subpart 1—Dispute resolution, challenges, and reviews
56
General matters relating to dispute resolution
57
Mediation of disputes relating to matters under this Act
58
Facilitated bargaining
59
Determinations by Authority
60
Challenges to determinations
61
Review of Authority and Registrar decisions
Subpart 2—Penalties and offences
62
Jurisdiction concerning penalties
63
Recovery of penalties
64
Penalty for obstructing or delaying Authority investigation
65
Offence to mislead Authority or Registrar
Part 5
Miscellaneous provisions and amendments to other Acts
Subpart 1—Miscellaneous provisions
Access to workplaces
66
Access to workplaces
67
Representative of worker organisation must obtain consent to enter workplace
68
Conditions relating to access
69
Additional requirements relating to access
70
Penalty for certain acts in relation to entering workplace
Registrar of Screen Industry Organisations
71
Registrar of Screen Industry Organisations
72
Registrar may seek directions of Authority
Secondary legislation
Matters relating to occupational groups
73
Occupational groups
74
Further matters relating to change in occupational groups
Regulations
75
Regulations
Subpart 2—Amendments to Employment Relations Act 2000
76
Amendments to Employment Relations Act 2000
77
Section 6 amended (Meaning of employee)
78
Section 161 amended (Jurisdiction)
79
Section 187 amended (Jurisdiction of court)
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Screen productions to which Act applies
Schedule 3
Occupational groups
Schedule 4
Final offer arbitration for fixing terms of collective contract
Legislative history
The Parliament of New Zealand enacts as follows: