Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Collective bargaining - Bargaining

42: How bargaining initiated

You could also call this:

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

If you want to start bargaining for a collective agreement, you need to give a notice to the other party or parties you want to make the agreement with. This notice is how you begin the bargaining process.

The notice you give must be written down and signed by you or someone who represents you. In the notice, you need to list all the people or groups who will be part of the agreement. You also need to say what the agreement will cover or who it will apply to.

This process is the same whether you’re a union starting bargaining with an employer, or an employer starting bargaining with a union. The main thing is that you follow these rules to make sure your notice is proper and legal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58678.

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41: When bargaining may be initiated, or

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

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43: Employees' attention to be drawn to initiation of bargaining, or

“Bosses must tell workers when talks about work rules are starting”

Part 5 Collective bargaining
Bargaining

42How bargaining initiated

  1. A union or employer initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection (2).

  2. A notice complies with this subsection if—

  3. it is in writing and signed by the union or the employer giving the notice or its duly authorised representative; and
    1. it identifies each of the intended parties to the collective agreement; and
      1. it identifies the intended coverage of the collective agreement.