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Employment Relations Act 2000

Collective bargaining - Codes of good faith

39: Authority or court may have regard to code of good faith

You could also call this:

“The court can look at rules about being fair when deciding if workers and bosses were nice to each other while making deals.”

When you and your employer are trying to make a collective agreement, you need to deal with each other in good faith. If there’s a disagreement about whether this happened, the Employment Relations Authority or the court can look at a special guide called a ‘code of good faith’. This guide helps them decide if everyone behaved fairly. They’ll use the version of the guide that was in effect when the situation happened. The guide they look at will be about the specific issues they’re dealing with.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58673.

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Work and jobs > Worker rights
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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”

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40: Who may initiate bargaining, or

“This explains which groups can start talks for a work agreement between workers and bosses.”

Part 5 Collective bargaining
Codes of good faith

39Authority or court may have regard to code of good faith

  1. The Authority or court may, in determining whether or not a union and an employer have dealt with each other in good faith in bargaining for a collective agreement, have regard to a code of good faith approved under section 35 that—

  2. was in force at the relevant time; and
    1. in the form in which it was then in force, related to the circumstances before the Authority or the court.