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Employment Relations Act 2000

Collective bargaining - Bargaining

47: When secret ballots required after employer initiates bargaining for single collective agreement

You could also call this:

“When workers need to vote on joining a group deal their boss wants”

If an employer starts bargaining for a single collective agreement with two or more unions, or if two or more employers start bargaining for a single collective agreement with one or more unions, special rules apply.

If a union thinks most of its members might not agree with the idea of a single collective agreement, it must hold a secret vote. This vote must follow the rules set out in sections 45 and 46.

After the vote, the union must tell the employer (or employers) what the result was.

After all the secret votes are done, bargaining for a single collective agreement can continue if:

  1. When one employer is bargaining with two or more unions:
    • Most of the unions’ members voted in favour, or
    • The unions think most of their members agree, or
    • Both of these things are true
  2. When two or more employers are bargaining with one or more unions:
    • Most of the unions’ members voted in favour, or
    • The unions think most of their members agree, or
    • Both of these things are true

This means that even if some union members don’t agree, bargaining can still go ahead if most unions or their members are in favour of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58683.

Topics:
Work and jobs > Worker rights
Business > Fair trading
Rights and equality > Anti-discrimination
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46: Terms of question for secret ballot, or

“The secret ballot asks workers how they want to negotiate together for a work agreement.”

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48: When requirement for secret ballot does not apply, or

“Rules about voting in secret don't apply when making a new deal to replace an old one with the same people and jobs”

Part 5 Collective bargaining
Bargaining

47When secret ballots required after employer initiates bargaining for single collective agreement

  1. This section applies to—

  2. 2 or more unions in relation to which 1 employer has initiated bargaining for a single collective agreement:
    1. 1 or more unions in relation to which 2 or more employers have initiated bargaining for a single collective agreement.

      1. A union to which subsection (1)(a) applies must hold a secret ballot of its members employed by the employer if the union considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.

      2. A union to which subsection (1)(b) applies must hold a secret ballot of its members employed by an employer to which subsection (1)(b) applies if it considers that a majority of its members employed by the employer would disagree with bargaining for a single collective agreement.

      3. A secret ballot held under subsection (2) or subsection (3) must be held in accordance with sections 45 and 46, and those sections apply with all necessary modifications.

      4. At the conclusion of a secret ballot, the union must inform the following employers of the result of the secret ballot:

      5. the employer of the employees in respect of whom the secret ballot has been held; and
        1. if subsection (1)(b) applies, the other employers concerned.

          1. At the conclusion of the secret ballots, bargaining for a single collective agreement may continue,—

          2. where subsection (1)(a) applies, if the members of each of the 2 unions or of a majority of the unions, if more than 2,—
            1. have voted in favour of bargaining for a single collective agreement with the employer; or
              1. are considered by their union to be in favour of bargaining for a single collective agreement with the employer; or
                1. both; or
                2. where subsection (1)(b) applies, if the members of the union or of each union, if there are 2, or of a majority of the unions, if more than 2,—
                  1. have voted in favour of bargaining for a single collective agreement with the 2 or more employers; or
                    1. are considered by the union or each union, as the case may be, to be in favour of bargaining for a single collective agreement with the 2 or more employers; or
                      1. both.