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Employment Relations Act 2000

Collective bargaining - Facilitating bargaining

50E: Process of facilitation

You could also call this:

“The Authority privately helps people talk about work agreements, but can't investigate or be questioned about how they do it.”

When you’re involved in collective bargaining, sometimes you might need help from the Employment Relations Authority. This help is called facilitation. Here’s how it works:

The facilitation process happens in private. The Authority decides how the process will work. While the facilitation is happening, you and the other parties can keep bargaining, but you need to follow the rules set by the Authority.

During facilitation, the Authority isn’t investigating anything. They can’t use their investigative powers. They’re just there to help you with your bargaining.

If you’re not happy with how the facilitation was done, you can’t challenge it in court. This means you can’t complain about what happened during facilitation or how it was carried out.

Remember, facilitation is just one part of the collective bargaining process. It’s there to help you and the other parties reach an agreement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58697.

Topics:
Work and jobs > Worker rights
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Previous

50D: Limitation on which member of Authority may provide facilitation, or

“The person helping with bargaining can't be the same person who agreed to help in the first place.”

Next

50F: Statements made by parties during facilitation, or

“What people say during help sessions to solve work problems can't be used against them later, and they can only talk about it publicly in a limited way.”

Part 5 Collective bargaining
Facilitating bargaining

50EProcess of facilitation

  1. The process to be followed during facilitation—

  2. must be conducted in private; and
    1. is the process determined by the Authority.

      1. During facilitation, the collective bargaining that the facilitation relates to continues subject to the process determined by the Authority.

      2. During facilitation, the Authority—

      3. is not acting as an investigative body; and
        1. may not exercise the powers it has for investigating matters.

          1. The provision of facilitation by the Authority may not be challenged or called in question in any proceedings on the ground—

          2. that the nature and content of the facilitation was inappropriate; or
            1. that the manner in which the facilitation was provided was inappropriate.

              Notes
              • Section 50E: inserted, on , by section 14 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).