Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Collective bargaining - Bargaining

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

You could also call this:

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

When someone starts bargaining for a collective agreement, or when they get a notice about it, they need to tell all the workers who might be part of it. This includes workers who aren’t in a union. They need to let these workers know about the bargaining, what it covers, and who’s involved.

The employer needs to do this as soon as they can. If there’s only one employer involved, they have to tell the workers within 10 days of starting the bargaining or getting the notice. If there are two or more employers involved, they have 15 days to tell the workers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58679.

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

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44: When bargaining initiated, or

“This explains when people start talking about making a group work agreement”

Part 5 Collective bargaining
Bargaining

43Employees' attention to be drawn to initiation of bargaining

  1. An employer that initiates bargaining or that receives a notice initiating bargaining for a collective agreement must draw the existence and coverage of the bargaining, and the intended parties to it, to the attention of all employees (whether or not members of a union concerned) whose work would be covered by the intended coverage clause if the collective agreement were entered into.

  2. An employer must comply with subsection (1)—

  3. as soon as possible; but
    1. not later than—
      1. 10 days after initiating the bargaining or receiving the notice, if only 1 employer is identified as an intended party to the bargaining:
        1. 15 days after initiating the bargaining or receiving the notice, if 2 or more employers are identified as intended parties to the bargaining.

        Notes
        • Section 43(1): amended, on , by section 11(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
        • Section 43(2): inserted, on , by section 11(2) of the Employment Relations Amendment Act 2014 (2014 No 61).