Employment Relations Act 2000

Strikes and lockouts - Lawfulness of strikes and lockouts

82B: Terms of question for secret ballot

You could also call this:

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

When a union needs to hold a secret ballot about a strike, they must ask you a specific question. The question you’ll be asked is if you support the strike. This is a simple yes or no question. You’ll be voting on whether you’re in favour of the strike or not. This rule is part of the law about when strikes are allowed to happen.

If you want to know more about when a secret ballot is needed, you can look at section 82A of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5198901.

Topics:
Work and jobs > Worker rights

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82A: Requirement for union to hold secret ballot before strike, or

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


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82C: When requirement for secret ballot does not apply, or

“Secret voting is not needed when workers want to stop work because it's not safe or healthy.”

Part 8 Strikes and lockouts
Lawfulness of strikes and lockouts

82BTerms of question for secret ballot

  1. The question to be voted on in a secret ballot for the purposes of section 82A is whether the member of the union is in favour of the strike.

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