Employment Relations Act 2000

Collective bargaining

31: Object of this Part

You could also call this:

“This part explains the rules for fair teamwork when workers and bosses make agreements together.”

This part of the law is about collective bargaining. It explains what this section aims to do. You need to know that it:

Sets out the main rules for acting in good faith when bargaining together. Good faith means being honest and fair.

Says that when you’re bargaining, you should try to reach an agreement unless you have a real, good reason not to.

Allows for guides to be made that help people understand what good faith means when bargaining together.

Recognises that the people involved in bargaining have their own ideas about what good faith means.

Tries to make sure bargaining happens in an orderly way.

Makes sure that workers agree to bargain together when more than one employer is involved.

If you want to know more about the duty of good faith, you can look at section 4 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=DLM58659.

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30A: Union may provide employer with information about role and functions of union to pass on to prospective employees, or

“Unions can ask employers to share information about what the union does with people who might get a job there.”


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32: Good faith in bargaining for collective agreement, or

“Rules for unions and employers to work together nicely when making agreements about jobs”

Part 5 Collective bargaining

31Object of this Part

  1. The object of this Part is—

  2. to provide the core requirements of the duty of good faith in relation to collective bargaining; and
    1. to provide that the duty of good faith in section 4 requires parties bargaining for a collective agreement to conclude a collective agreement unless there is a genuine reason, based on reasonable grounds, not to; and
        1. to provide for 1 or more codes of good faith to assist the parties to understand what good faith means in collective bargaining; and
          1. to recognise the view of parties to collective bargaining as to what constitutes good faith; and
            1. to promote orderly collective bargaining; and
              1. to ensure that employees confirm proposed collective bargaining for a multi-party collective agreement.
                Notes
                • Section 31(aa): inserted, on , by section 12 of the Employment Relations Amendment Act 2018 (2018 No 53).
                • Section 31(aa): repealed, on , by section 7 of the Employment Relations Amendment Act 2014 (2014 No 61).