Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
82B: Terms of question for secret ballot
or “Union members vote on whether they support going on strike”
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.

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 It might be out of date or be missing some parts.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: 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.”
Next

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).