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Employment Relations Act 2000

Strikes and lockouts - Lawfulness of strikes and lockouts

82C: When requirement for secret ballot does not apply

You could also call this:

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

You don’t need to have a secret ballot for a strike if it’s about safety or health. Usually, you need to have a secret ballot before going on strike, but there’s an exception. If the strike is allowed under section 84, which talks about strikes that are okay because of safety or health reasons, then you don’t have to follow the rules in sections 82A and 82B about having a secret ballot. This means that if workers want to strike because of safety or health concerns, they can do so without voting in secret first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5198902.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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82B: Terms of question for secret ballot, or

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

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83: Lawful strikes and lockouts related to collective bargaining, or

“Workers and bosses can stop work if they're talking about making a group work agreement.”

Part 8 Strikes and lockouts
Lawfulness of strikes and lockouts

82CWhen requirement for secret ballot does not apply

  1. Sections 82A and 82B do not apply if the proposed strike is lawful under section 84 (which relates to lawful strikes on the grounds of safety or health).

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