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Employment Relations Act 2000

Collective bargaining - Codes of good faith

35: Codes of good faith

You could also call this:

“Rules that help people be fair and honest when talking about jobs and work”

The Minister can approve codes of good faith by publishing a notice in the Gazette. These codes can be recommended by a committee or approved directly by the Minister in certain situations.

When the Minister approves a code, they don’t have to include the entire code in the Gazette notice. Instead, they can just provide enough information to identify the code, say when it starts, and tell you where you can get copies of it.

The main purpose of these codes is to help explain how the duty of good faith should be applied when it comes to collective bargaining. This can be for bargaining in general, for specific types of situations, or for particular parts of the employment world.

The duty of good faith is explained in section 4 of this law. The committee that recommends codes is mentioned in section 36, and section 37 talks about when the Minister can approve codes directly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58669.

Topics:
Work and jobs > Worker rights
Business > Fair trading
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“Rules for asking for and sharing information when workers and bosses talk about job agreements”

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36: Appointment of committee to recommend codes of good faith, or

“The Minister can choose a group of people to suggest rules for being fair at work.”

Part 5 Collective bargaining
Codes of good faith

35Codes of good faith

  1. The Minister may, by notice in the Gazette,—

  2. approve 1 or more codes of good faith recommended by the committee appointed under section 36:
    1. approve 1 or more codes of good faith if section 37 applies.

      1. The notice in the Gazette may, instead of setting out the code of good faith being approved, provide sufficient information to identify the code, specify the date on which it comes into force, and state where copies of the code may be obtained.

      2. The purpose of a code of good faith is to provide guidance about the application of the duty of good faith in section 4 in relation to collective bargaining—

      3. generally; or
        1. in relation to particular types of situations; or
          1. in relation to particular parts or areas of the employment environment.