Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Collective bargaining - Bargaining

49: Parties joining bargaining after it begins

You could also call this:

“New groups can join ongoing talks if they follow the rules and get permission from those already talking.”

If you want to join in on bargaining for a collective agreement after it has already started, you need to follow some rules. You can join later, but only if you meet certain requirements.

If you’re a union or an employer and you want to join the bargaining, you need to follow the same rules that applied when the bargaining first started. This includes doing secret ballots if they were needed at the beginning.

It’s important to know that you can’t just join in without permission. The people who are already part of the bargaining need to agree to let you join. They have to say it’s okay for you to become part of the bargaining process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58685.

Topics:
Work and jobs > Worker rights
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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”

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50: Consolidation of bargaining, or

“When different unions want to bargain for the same type of work, the boss can ask them to join together and make one big agreement.”

Part 5 Collective bargaining
Bargaining

49Parties joining bargaining after it begins

  1. A union or employer may become a party to bargaining for a collective agreement after bargaining has been initiated, but only if the requirements of this section are met.

  2. The union or employer that wishes to become a party to the bargaining must, at the time that it seeks to become a party, meet the requirements (including but not limited to those for secret ballots) that would have applied if the union or employer had been a party at the initiation of the bargaining.

  3. The parties to the bargaining must consent to the union or employer becoming a party to the bargaining.