When you’re involved in bargaining for a collective agreement and the Employment Relations Authority is helping with the process (called facilitation), you need to act in good faith when dealing with the Authority. This means you must be honest, open, and fair in your interactions with them. You should cooperate with the Authority and not try to mislead or deceive them in any way. This rule applies to everyone involved in the bargaining process, whether you’re representing workers or employers.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59105.
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.”
50J: Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining, or
“The law allows a judge to decide what goes in a work agreement if someone keeps being really unfair during talks about it.”
During facilitation, a party to bargaining for a collective agreement must deal with the Authority in good faith.
