Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Collective bargaining - Collective agreements

53: Continuation of collective agreement after specified expiry date

You could also call this:

“When a union or employer starts talks for a new agreement before the old one ends, the old agreement keeps working for up to a year while they talk.”

A collective agreement can keep going after it’s supposed to end. This happens if the union or the employer starts talking about making a new agreement before the old one ends. If they do this, the old agreement stays in place while they’re working on the new one. But it can only stay in place for up to 12 months while they’re talking about the new agreement. This is to make sure workers still have an agreement while a new one is being sorted out.

If you want to know more about when collective agreements usually end, you can look at section 52(3). This part of the law explains the normal rules for when agreements finish.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59114.

Topics:
Work and jobs > Worker rights
Previous

52: When collective agreement comes into force and expires, or

“This explains when group work agreements start and end.”

Next

54: Form and content of collective agreement, or

“The rules for writing down and agreeing on how workers and bosses work together”

Part 5 Collective bargaining
Collective agreements

53Continuation of collective agreement after specified expiry date

  1. A collective agreement that would otherwise expire as provided in section 52(3) continues in force—

  2. if subsection (2) is complied with; and
    1. for the period specified in subsection (3).

      1. This subsection is complied with if the union or the employer initiated collective bargaining before the collective agreement expired and for the purpose of replacing the collective agreement.

      2. Repealed

      3. The period is the period (not exceeding 12 months) during which bargaining continues for a collective agreement to replace the collective agreement that has expired.

      4. Repealed
      Notes
      • Section 53(2): amended, on , by section 15(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
      • Section 53(2A): repealed, on , by section 18 of the Employment Relations Amendment Act 2018 (2018 No 53).
      • Section 53(4): repealed, on , by section 18 of the Employment Relations Amendment Act 2018 (2018 No 53).