Fair Pay Agreements Bill

Search within this Bill

Hon Michael Wood

Fair Pay Agreements Bill

Government Bill

115—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Overview of Act
5	Interpretation
6	Transitional, savings, and related provisions
7	Act binds the Crown
8	No contracting out
	Part 2 General principles and obligations
9	Object of this Part
	Subpart 1—Freedom of association
	Voluntary membership
10	Voluntary membership of union or employer association
11	Only employee bargaining party may represent covered employees’ interests during bargaining
12	Only employer bargaining party may represent covered employers’ interests during bargaining
	Prohibition on preference
13	Prohibition on preference: employees
14	Prohibition on preference: employers
15	Contracts, agreements, or other arrangements inconsistent with section 13 or 14
	Undue influence
16	Undue influence
	Subpart 2—Good faith obligations
17	General obligation of good faith
18	Good faith obligations between bargaining parties on same bargaining side
19	Good faith obligations between bargaining parties on different bargaining sides
20	Penalty for breach of duty of good faith
21	Treating employee as independent contractor
	Subpart 3—General obligations
22	Obligations imposed on bargaining sides
23	Personal information
24	Chief executive may collect personal information
25	Strikes and lockouts
	Part 3 Initiating bargaining for proposed FPA
26	Overview
	Subpart 1—Process for initiating bargaining and forming bargaining sides
27	Limit on initiating bargaining
	Union to apply for approval to initiate bargaining for proposed FPA
28	Criteria for union to initiate bargaining for proposed FPA
29	Tests for initiating bargaining
30	Application for approval for union to initiate bargaining
31	Coverage of proposed FPA
	Chief executive assesses application for approval to initiate bargaining
32	Chief executive must assess application for approval to initiate bargaining
33	Chief executive may invite submissions when considering application
34	Chief executive to publicly notify decision
	Formation of employee bargaining side
35	Formation of employee bargaining side
	Initiating union must notify approval to initiate bargaining
36	Initiating union to notify unions and employers of approval to initiate bargaining
37	Employer to notify employees and unions of bargaining being initiated
38	Union to notify employers of bargaining being initiated
	Employee contact details
39	Employer to provide employee contact details to employee bargaining side
40	Use of employee contact details by initiating union or employee bargaining party
41	Storage of employee contact details
	Employer bargaining side
42	Meaning of employer association
43	Employer bargaining party must apply to form or join employer bargaining side
44	Chief executive to assess application for approval to form or join employer bargaining side
45	Formation of employer bargaining side
46	Entitlement and obligation to represent covered employers
47	Exceptions for specified employer bargaining party
48	Obligation to ensure representation of Māori employers
	Other union may apply to join employee bargaining side
49	Other union may apply for approval to join employee bargaining side
50	Application for approval for union to join employee bargaining side
51	Chief executive to assess application for approval to join employee bargaining side
52	Chief executive to notify decision on application for approval to join employee bargaining side
53	Entitlement and obligation to represent covered employees
54	Obligation to ensure representation of Māori employees
55	Union may provide members’ views to employee bargaining side
	Subpart 2—General provisions for initiating bargaining
	Notification of bargaining parties
56	Notification of bargaining parties
	Bargaining sides
57	Employee bargaining side
58	Employer bargaining side
59	Requirements for each bargaining side
60	Inter-party side agreement
61	When bargaining party subsequently joins bargaining side
	Specified employer bargaining parties
62	Interpretation
63	Specified employer bargaining parties
64	Specified State employers
65	Options for specified State employer
66	Other specified State employers
67	Rights, duties, and obligations of specified employer bargaining party
68	Specified employer bargaining party to notify chief executive
	Subpart 3—Default bargaining parties
69	Overview: when default bargaining party may be required
70	Limit on employer default bargaining party being bargaining party
71	Chief executive to notify absence of bargaining party
	Default bargaining parties for proposed FPAs
72	Employer default bargaining party deemed to be employer bargaining party
73	Employee default bargaining party may elect to join bargaining
	Default bargaining parties for proposed variations
74	Default bargaining party may initiate bargaining for proposed variation
75	Default bargaining party may withdraw from bargaining for proposed variation
	Default bargaining parties for proposed renewals or proposed replacements
76	Employer default bargaining party for proposed renewal or proposed replacement
77	Employee default bargaining party for proposed renewal or proposed replacement
78	Default bargaining parties when bargaining for proposed renewal or proposed replacement initiated by employer bargaining party
79	Default bargaining parties when bargaining for proposed renewal or proposed replacement initiated by specified employer bargaining party
80	Default bargaining parties when bargaining for proposed renewal or proposed replacement initiated by employee bargaining party
	Part 4 FPA meetings and union access to workplaces
	Subpart 1—FPA meetings
81	Requirements for arranging FPA meeting
82	Entitlement to attend FPA meetings
83	Payment for attending FPA meeting
84	Entitlement to attend additional FPA meeting
	Subpart 2—Employee bargaining party may access workplaces
85	Workplace does not include dwellinghouse
86	Access to workplaces
87	Conditions relating to access
88	When access to workplaces may be denied
89	When access to workplaces may be denied on religious grounds
90	Issue of certificate of exemption
91	Duties in relation to accessing workplace
	Part 5 Bargaining
	Subpart 1—Good faith obligation to provide information
92	Providing information when bargaining
	Subpart 2—Obligations during bargaining
	Ceasing to be bargaining party
93	When bargaining party ceases to be bargaining party
94	Bargaining party may apply to cease being bargaining party
95	Bargaining party ceases to be eligible
96	Appointment of new bargaining side lead advocate
97	Initiating union ceases to be bargaining party
	Provision of information
98	Modification to requirement to provide employees’ contact details
99	Employee bargaining side must update contact address
100	Obligation to submit further information if coverage changed during bargaining
101	Provision of information: coverage changes or new employers identified
102	Provision of information: new employees within coverage
	Subpart 3—Coverage overlap, consolidation, and addition of occupation
	Coverage overlap between proposed FPA and fair pay agreement
103	Application of sections 104 and 105
104	Chief executive must notify initiating party of coverage overlap
105	Consequences of coverage overlap
	Consolidation of bargaining for fair pay agreements
106	Application of sections 107 to 111
107	When bargaining for fair pay agreements is consolidated
108	Chief executive to notify parties
109	Effect of decision to consolidate
110	Bargaining party may request negotiation of inter-party side agreement
111	Effect of decision not to consolidate
	Addition of occupation to fair pay agreement
112	Proposed FPA that adds occupation to fair pay agreement
113	Chief executive to notify parties of existing fair pay agreement
	Part 6 Content of fair pay agreements
	Content of fair pay agreements
114	Mandatory content for each fair pay agreement
115	Topics that bargaining sides must discuss
116	Limit on what fair pay agreement may include
	Minimum entitlement provisions
117	Minimum entitlement provisions
118	How minimum entitlement provisions must be expressed
119	How minimum entitlement provisions relate to other legislation
	Minimum wage rates
120	Minimum wage exemption permits
121	Differing minimum wage rates
	Differentiation of application and entitlement
122	Fair pay agreement may include differentiation
123	Fair pay agreement may include district variation for some provisions
124	Application of fair pay agreement with district variation
125	Permitted differentiation in minimum entitlement provision
126	Prohibited differentiation
	Delayed commencement of term in fair pay agreement
127	When delayed commencement can be considered
128	Topics to which delayed commencement can relate
129	Delayed commencement provision
	Part 7 Finalisation of proposed agreement
130	Overview
131	Meaning of proposed agreement
	Subpart 1—Compliance assessment
132	Bargaining sides to submit proposed agreement for compliance assessment
133	Authority to assess proposed agreement for compliance
134	Consequences if Authority does not approve proposed agreement
135	Authority to check whether coverage overlap exists
136	Time frame for Authority to assess proposed agreement
137	Time frame for Authority to determine which agreement provides better terms overall
138	How Authority determines which agreement provides better terms overall
139	Consequences of Authority’s determination
	Subpart 2—Ratification
140	Approved proposed agreement to be ratified
141	Provision of information prior to ratification
142	Time frame for holding ratification vote
143	Bargaining sides to notify of ratification vote
144	Ratification process
145	Notification of outcome of ratification vote
146	Obligation to keep records of ratification
	Subpart 3—Verification
147	Bargaining sides must submit evidence of ratification for verification
148	Chief executive to verify ratification
149	Consequences if chief executive declines to verify ratification
150	Penalty for providing inaccurate information
	Subpart 4—Chief executive’s assessment of overlapping coverage
151	Chief executive to assess whether coverage overlap exists
152	Consequences if coverage overlap exists
153	Authority to determine which agreement provides better terms overall
154	Consequences of Authority’s determination: proposed agreement provides better terms overall
155	Consequences of Authority’s determination: fair pay agreement provides better terms overall
	Subpart 5—Issuing fair pay agreement notice
	Chief executive to issue fair pay agreement notice
156	Chief executive may issue fair pay agreement notice
157	Form and content of notice
158	Notification to bargaining sides
159	Chief executive may make editorial changes
	Application and effect of fair pay agreement
160	Application of notice and fair pay agreement
161	Obligation to comply with fair pay agreement
162	Effect of fair pay agreement on employment agreements
163	Relationship between fair pay agreements and collective agreements
	Part 8 Variation, renewal, and replacement of fair pay agreements
	Subpart 1—Variation
164	Application
165	Who may propose agreement to bargain for proposed variation
166	Agreement required before bargaining for proposed variation may start
167	Notification requirements relating to agreement to bargain for proposed variation
168	Ability to join bargaining side during bargaining for proposed variation
169	Limitations on requesting variations
170	Notice to employers of agreement to bargain for proposed variation
171	Obligations to provide information relating to proposed variation
172	Employer must provide information to new employee
173	Employer bargaining side must provide information to new employer
174	Procedure for finalising variation
175	Process for ratifying proposed variation
176	Further requirements for ratifying proposed variation
177	Ratification of proposed variation to agreement attached as schedule
178	Chief executive may issue notice to vary fair pay agreement
179	Form and content of notice to vary fair pay agreement
180	Bargaining sides may seek recommendation from Authority
181	Bargaining sides may not seek determination in relation to proposed variation
	Subpart 2—Renewal and replacement of fair pay agreements
182	Purpose of this subpart
183	Approval required to bargain to renew fair pay agreement
	Timing
184	When application to renew fair pay agreement may be made
185	Application for approval to bargain for replacement fair pay agreement
186	Effect on expiry date of approval to bargain for renewal
187	Commencement of renewed or replacement agreement
	Coverage
188	Coverage of renewed or replaced fair pay agreement
	Application for approval to renew or replace fair pay agreement
189	Contents of application to renew or replace fair pay agreement
190	Test for initiating bargaining to renew or replace fair pay agreement
191	Chief executive to assess application for approval to renew or replace fair pay agreement
	Notification requirements
192	Chief executive must notify bargaining parties of approval to bargain for proposed renewal or proposed replacement
193	Notification of bargaining for proposed renewal or proposed replacement
194	Formation of employer bargaining side for proposed renewal or proposed replacement
195	Employee bargaining side for proposed renewal or proposed replacement
	Part 9 Penalties and enforcement
	Penalties
196	Penalty for non-compliance with obligation when bargaining
197	Penalty for non-compliance with obligation when fair pay agreement in force
198	Jurisdiction concerning penalties
199	Priority when overlapping jurisdiction
200	Matters Authority and court must have regard to in determining amount of penalty
201	Recovery of penalties
202	Chief executive or Labour Inspector may enforce payment of penalty
203	Application of penalties recovered
	Part 10 Institutions
	Subpart 1—Mediation services
204	Mediation services
205	Application of provisions in Employment Relations Act 2000
206	Other mediation services
	Subpart 2—Bargaining support services
207	Bargaining support services
208	Access to bargaining support services
209	Provision of bargaining support services
210	Other bargaining support services
	Subpart 3—Employment Relations Authority
211	Role of Authority
	Determinations and recommendations
212	Parties may apply to Authority for determination
213	Jurisdiction of Authority
214	Determination relating to topic that bargaining sides must consider for inclusion
215	Recommendations on terms of proposed FPA, proposed renewal, or proposed replacement
216	Authority must direct use of mediation before making determination or recommendation
217	Limitations on issues relating to coverage
	Fixing terms of fair pay agreements
218	Authority may fix terms of proposed FPA, proposed renewal, or proposed replacement
219	Terms that Authority may fix
220	Considerations when Authority recommends or fixes terms
221	Limits on Authority fixing terms
222	Effect of Authority fixing terms
223	Membership of Authority when fixing terms of fair pay agreement
	General provisions relating to Employment Relations Authority
224	Powers of Authority under this Act
225	Panel member not permitted to hear disputes about same fair pay agreement
226	Decision of Authority
227	Obligation not to obstruct or delay Authority
	Provisions that apply when application made to Authority
228	Application of Employment Relations Act 2000
	Part 11 Miscellaneous provisions
229	Meaning of document
	Representation
230	Representation of individuals
231	Representation of bargaining parties
	Record-keeping requirements
232	Record when minimum entitlement provision has district variation
233	Record when agreement includes penalty rate or overtime rate
234	How records must be kept
	Labour Inspector may make determination of coverage by fair pay agreement
235	Employee or employer may apply for coverage determination
236	Labour Inspector may determine coverage under fair pay agreement
237	Actions by Labour Inspector
238	Effect of coverage determination
239	Appeal against coverage determination
240	Extended powers of Labour Inspectors
241	Extent of Labour Inspectors’ powers
	Regulations
242	Power to make regulations
	Forms
243	Chief executive may approve forms
244	Consequential amendments
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Ratification process: number of votes for covered employers
	Schedule 3 Application of provisions of Employment Relations Act 2000 relating to Employment Relations Authority
	Schedule 4 Consequential amendments

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

List of access keys

Quick search

My recent searches

Fair Pay Agreements Bill

Fair Pay Agreements Bill

Contents