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Employment Relations Act 2000

Collective bargaining - Facilitating bargaining

50G: Proposals made or positions reached during facilitation

You could also call this:

“Ideas shared during talks don't have to be followed after the talks end, unless everyone agrees to keep them.”

When you’re in collective bargaining and using a facilitator to help, any ideas you suggest or agreements you reach during this process aren’t final. After the facilitation is over, you don’t have to stick to these suggestions or agreements.

This rule is there to make sure everyone understands that nothing is set in stone during facilitation. However, if you and the other people involved decide to agree on something different, you can do that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59101.

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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.”

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50H: Recommendation by Authority, or

“The Authority can suggest ways to help people agree on work rules, but everyone still gets to choose what they want to do.”

Part 5 Collective bargaining
Facilitating bargaining

50GProposals made or positions reached during facilitation

  1. A proposal made by a party or a position reached by parties to collective bargaining during facilitation is not binding on a party after facilitation has come to an end.

  2. This section—

  3. applies to avoid doubt; and
    1. is subject to any agreement of the parties.

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