Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Collective bargaining - Bargaining

40: Who may initiate bargaining

You could also call this:

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

You can start bargaining for a collective agreement in two ways. Either one or more unions can start it with one or more employers, or one or more employers can start it with one or more unions.

There’s a rule for employers, though. An employer (on their own or with other employers) can’t start bargaining for a collective agreement unless the new agreement will cover work that is or was covered by another collective agreement that the employer is or was part of.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58675.

Topics:
Work and jobs > Worker rights
Business > Industry rules
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39: Authority or court may have regard to code of good faith, or

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

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41: When bargaining may be initiated, or

“When unions and employers can start talking about work agreements”

Part 5 Collective bargaining
Bargaining

40Who may initiate bargaining

  1. Bargaining for a collective agreement may be initiated by—

  2. 1 or more unions with 1 or more employers; or
    1. 1 or more employers with 1 or more unions.

      1. However, bargaining for a collective agreement may not be initiated by an employer (whether alone or with other employers) unless the coverage clause will cover work (whether in whole or in part) that is or was covered by another collective agreement to which the employer is or was a party.