Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Collective bargaining - Bargaining

50: Consolidation of bargaining

You could also call this:

“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.”

If you’re an employer and you get notices from different unions about the same type of work, you can ask them to join together and bargain for one agreement instead of separate ones. You have 40 days after getting the first notice to ask the unions to do this.

If you’re a union and the employer asks you to join with other unions, you have 30 days to decide. You can either agree to join or take back your notice. If you don’t do either of these things, it’s the same as taking back your notice.

When all the unions agree to join together, they will work on one agreement instead of separate ones. This helps make things simpler for everyone.

Remember, this only applies when the notices from different unions are about the same kind of work. The employer can’t ask unions to join if their notices are about different types of work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58686.

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49: Parties joining bargaining after it begins, or

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

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50A: Purpose of facilitating collective bargaining, or

“Helping groups solve big problems when they're trying to make a deal about work”

Part 5 Collective bargaining
Bargaining

50Consolidation of bargaining

  1. This section applies if—

  2. an employer receives 2 or more notices under section 42 from different unions; and
    1. the notices relate, in whole or in part, to the same type of work.

      1. The employer may, within 40 days after receiving the first notice, request each union concerned to consolidate the bargaining initiated by each notice into bargaining for a single collective agreement.

      2. Each union receiving a request under subsection (2) must, within 30 days after receiving the request,—

      3. agree to the request; or
        1. withdraw the notice given under section 42.

          1. A union that does not comply with subsection (3) is to be treated as if it had withdrawn the notice given under section 42.

          2. If all the unions concerned agree to the request, the bargaining initiated by each notice is consolidated into bargaining for a single collective agreement.