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Employment Relations Act 2000

Collective bargaining - Codes of good faith

37: Minister may approve code of good faith not recommended by committee

You could also call this:

“The Minister can make rules even if the group of experts doesn't suggest any or if the Minister doesn't like their ideas.”

You might be wondering what happens if a committee doesn’t suggest a code of good faith or if their suggestion isn’t approved. Well, the Minister can step in and approve a code themselves.

The Minister can do this in two situations. First, if the committee doesn’t suggest a code within the time the Minister gave them. Second, if the Minister doesn’t like the code the committee suggested.

Before approving a code, the Minister can talk to anyone they think might have helpful ideas. This could be different people or groups.

If the Minister doesn’t approve the committee’s suggested code, they have to tell the committee. They need to explain why they didn’t approve it.

Remember, when we talk about approving a code, we’re referring to section 35(1)(b). This is where the rules about approving codes are explained in more detail.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58671.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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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.”

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38: Amendment and revocation of code of good faith, or

“Rules for changing or getting rid of the good faith code”

Part 5 Collective bargaining
Codes of good faith

37Minister may approve code of good faith not recommended by committee

  1. The Minister may approve a code of good faith under section 35(1)(b) if—

  2. the committee has not recommended a code of good faith within a time specified by the Minister; or
    1. the Minister declines to approve a code of good faith recommended by the committee.

      1. Before the Minister approves a code of good faith under section 35(1)(b), the Minister may consult such persons and organisations as the Minister thinks appropriate.

      2. If the Minister declines to approve a code of good faith recommended by the committee, the Minister must notify the committee—

      3. that the Minister has declined to approve the code; and
        1. of the reasons for declining to approve the code.