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Employment Relations Act 2000

Collective bargaining - Bargaining

41: When bargaining may be initiated

You could also call this:

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

If there’s no collective agreement in place between a union and an employer, either of them can start bargaining with the other at any time. But this is subject to what it says in section 40(2).

When there is a collective agreement in place, there are rules about when bargaining can start. A union can’t start bargaining more than 60 days before the agreement ends. An employer can’t start bargaining more than 40 days before the agreement ends.

Sometimes there might be more than one collective agreement involved. In this case, a union can’t start bargaining until either 120 days before the last agreement ends, or 60 days before the first agreement ends, whichever is later. An employer can’t start bargaining until either 100 days before the last agreement ends, or 40 days before the first agreement ends, whichever is later.

A collective agreement is considered to be in force between a union and an employer if it applies to employees whose work is meant to be covered by the new agreement being negotiated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58676.

Topics:
Work and jobs > Worker rights
Business > Industry rules
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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.”

Next

42: How bargaining initiated, or

“A union or employer starts talks for a group work agreement by sending a special letter to the other side.”

Part 5 Collective bargaining
Bargaining

41When bargaining may be initiated

  1. If there is no applicable collective agreement in force between a union and an employer, the union or the employer may initiate bargaining with the other at any time.

  2. Subsection (1) applies subject to section 40(2).

  3. If there is an applicable collective agreement in force,—

  4. a union must not initiate bargaining earlier than 60 days before the date on which the collective agreement expires:
    1. an employer must not initiate bargaining earlier than 40 days before the date on which the collective agreement expires.

      1. However, if there is more than 1 applicable collective agreement in force that binds 1 or more unions or 1 or more employers, or both, that are intended to be parties to the bargaining, then—

      2. a union must not initiate bargaining before the later of the following dates:
        1. the date that is 120 days before the date on which the last applicable collective agreement expires:
          1. the date that is 60 days before the date on which the first applicable collective agreement expires:
          2. an employer must not initiate bargaining before the later of the following dates:
            1. the date that is 100 days before the date on which the last applicable collective agreement expires:
              1. the date that is 40 days before the date on which the first applicable collective agreement expires.

              2. For the purposes of this section, an applicable collective agreement is in force between a union and an employer if the agreement binds employees whose work is intended to come within the coverage clause in the collective agreement being bargained for.

              Notes
              • Section 41(3): replaced, on , by section 15 of the Employment Relations Amendment Act 2018 (2018 No 53).
              • Section 41(4): replaced, on , by section 15 of the Employment Relations Amendment Act 2018 (2018 No 53).