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2: Commencement
or “This law explains when the new rules start to work.”

You could also call this:

“This law aims to create fair and positive work relationships by encouraging good behaviour between workers and bosses.”

This law aims to create good working relationships between employers and employees. You should know that:

The law wants to make sure everyone acts in good faith at work. This means being honest, fair, and respectful to each other. It recognises that employers and employees need to trust each other, but also that the law should require good behaviour.

The law understands that employers usually have more power than employees. It tries to balance this out to make things fairer for everyone.

The law supports employees working together to negotiate with employers. This is called collective bargaining. But it also protects your right to make your own choices about work.

If there are problems at work, the law wants you to try to solve them through mediation first. This is when someone helps you and your employer talk things out. The law also gives power to Labour Inspectors, the Employment Relations Authority, and the courts to make sure work rules are followed.

The law also wants to make sure New Zealand follows important international rules about workers’ rights. These rules say workers should be free to join unions and negotiate with employers.

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Next up: 4: Parties to employment relationship to deal with each other in good faith

or “People at work should be honest, kind, and helpful to each other, like good friends.”

Part 1 Key provisions

3Object of this Act

  1. The object of this Act is—

  2. to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship—
    1. by recognising that employment relationships must be built not only on the implied mutual obligations of trust and confidence, but also on a legislative requirement for good faith behaviour; and
      1. by acknowledging and addressing the inherent inequality of power in employment relationships; and
        1. by promoting collective bargaining; and
          1. by protecting the integrity of individual choice; and
            1. by promoting mediation as the primary problem-solving mechanism other than for enforcing employment standards; and
              1. by reducing the need for judicial intervention; and
              2. to promote the effective enforcement of employment standards, in particular by conferring enforcement powers on Labour Inspectors, the Authority, and the court; and
                1. to promote observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association, and Convention 98 on the Right to Organise and Bargain Collectively.
                  Notes
                  • Section 3(a): amended, on , by section 4(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                  • Section 3(a)(i): substituted, on , by section 4(2) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                  • Section 3(a)(ii): amended, on , by section 4(3) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                  • Section 3(a)(v): replaced, on , by section 4(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
                  • Section 3(ab): inserted, on , by section 4(2) of the Employment Relations Amendment Act 2016 (2016 No 9).