Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Freedom of association

9: Prohibition on preference

You could also call this:

“You can't be treated differently at work just because you belong or don't belong to a union.”

You cannot be treated differently at work just because you are or are not a member of a union. This means that no one can give you special advantages or disadvantages in getting a job, keeping a job, or in your work conditions based on your union membership.

This rule applies to all types of work arrangements, including contracts and agreements. It covers things like pay, benefits, training opportunities, chances for promotion, and how you might be treated if the company has to let people go.

It’s important to know that it’s okay for different employees to have different employment agreements or work conditions. This doesn’t automatically mean someone is getting special treatment because of their union status.

The law also allows collective agreements to include terms that recognise the benefits of having a collective agreement or the relationship that comes from it. This doesn’t count as giving unfair preference to union members.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58627.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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8: Voluntary membership of unions, or

“You can choose whether or not to join or leave a workers' group without being forced.”

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10: Contracts, agreements, or other arrangements inconsistent with section 8 or section 9, or

“Rules that go against your right to join or not join a union won't work”

Part 3 Freedom of association

9Prohibition on preference

  1. A contract, agreement, or other arrangement between persons must not confer on a person, because the person is or is not a member of a union or a particular union,—

  2. any preference in obtaining or retaining employment; or
    1. any preference in relation to terms or conditions of employment (including conditions relating to redundancy) or fringe benefits or opportunities for training, promotion, or transfer.

      1. Subsection (1) is not breached simply because an employee's employment agreement or terms and conditions of employment are different from those of another employee employed by the same employer.

      2. To avoid doubt, this Act does not prevent a collective agreement containing a term or condition that is intended to recognise the benefits—

      3. of a collective agreement:
        1. arising out of the relationship on which a collective agreement is based.

          Compare
          • 1991 No 22 s 7
          Notes
          • Section 9(3): added, on , by section 8 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).