Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
82: Meaning of lockout
or “Lockout is when a boss stops work to make workers agree to what the boss wants”
You could also call this:

“Workers must vote secretly before they can go on strike”

This law is about how unions must conduct a secret vote before going on strike. It applies to unions that are part of a current or proposed collective agreement, and their members who work for the same employer or different employers under that agreement.

Before a strike can happen, the union must hold a secret vote. This vote is for union members who would be part of the strike. The union must follow its own rules when holding this vote.

For the strike to go ahead, most of the members who vote must say yes. The union decides if the vote passed by counting who voted yes out of all the members who voted.

After the vote is finished, the union needs to tell the members who could vote what the result was. They should do this as soon as they can.

You should know that this law is part of the rules about when strikes and lockouts are allowed under the Employment Relations Act 2000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 82B: Terms of question for secret ballot

or “Union members vote on whether they support going on strike”
Next

Part 8 Strikes and lockouts
Lawfulness of strikes and lockouts

82ARequirement for union to hold secret ballot before strike

  1. This section applies to—

  2. a union that—
    1. is bound by a current collective agreement; or
      1. will be bound by a proposed collective agreement; and
      2. members of that union who are employees who are or have been in the employment of the same employer or of different employers and who—
        1. are or were bound (as the case may be) by the current collective agreement referred to in paragraph (a)(i); or
          1. will be bound (as the case may be) by the proposed collective agreement referred to in paragraph (a)(ii).

          2. Before a strike may proceed under this Part,—

          3. the union must hold, in accordance with its rules, a secret ballot of its members who are employed by the same or different employers (as the case may be) and who would become a party to the strike; and
            1. the result of the secret ballot must be in favour of the strike.

              1. For the purposes of subsection (2)(b), the result of a secret ballot is determined by a simple majority of the members of the union who are entitled to vote and who do vote.

              2. As soon as is reasonably practicable after the conclusion of the secret ballot under subsection (2), the union must notify the result of the ballot to the members of the union who were entitled to vote.

              Notes
              • Section 82A: inserted, on , by section 7 of the Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 (2012 No 37).