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Employment Relations Act 2000

Collective bargaining - Collective agreements

54: Form and content of collective agreement

You could also call this:

“What a Collective Agreement Must Include and Look Like”

A collective agreement is not valid unless it is in writing and signed by each union and employer involved. You need to have a written agreement that both parties sign. When you make a collective agreement, you can include things that you and your employer agree on. A collective agreement must include some important details, such as what work it covers, how much you will be paid, and how to resolve problems, including a reference to the 12-month period for raising a personal grievance about sexual harassment under section 103(1)(d), and the 90-day period for raising other personal grievances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59115.

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Work and jobs > Worker rights Rights and equality > Anti-discrimination
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Part 5 Collective bargaining
Collective agreements

54Form and content of collective agreement

  1. A collective agreement has no effect unless—

  2. it is in writing; and
    1. it is signed by each union and employer that is a party to the agreement.

      1. A collective agreement may contain such provisions as the parties to the agreement mutually agree on.

      2. However, a collective agreement—

      3. must contain—
        1. a coverage clause; and
          1. the rates of wages or salary payable to employees bound by the agreement; and
              1. a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to—
                1. the 12-month period within which a personal grievance must be raised under section 114(1) if the grievance is in respect of sexual harassment under section 103(1)(d); and
                  1. the 90-day period within which any other personal grievance must be raised under section 114(1); and
                  2. a clause providing how the agreement can be varied; and
                    1. the date on which the agreement expires or an event on the occurrence of which the agreement is to expire; and
                    2. must not contain anything—
                      1. contrary to law; or
                        1. inconsistent with this Act.

                        2. For the purposes of subsection (3)(a)(ii), a collective agreement contains the rates of wages or salary payable to employees bound by the agreement if it—

                        3. contains, in respect of the employees bound by the collective agreement (whether by reference to the work or types of work done by the employees or by reference to named employees or types of employees),—
                          1. the rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; or
                            1. the minimum rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; or
                              1. 1 or more methods of calculating the rates or minimum rates of wages or salary payable for certain work or types of work or to certain employees or types of employees; and
                              2. indicates how the rate of wages or salary payable to an employee bound by the agreement may increase during the term of the agreement.

                                Notes
                                • Section 54(3)(a)(ii): inserted, on , by section 19(1) of the Employment Relations Amendment Act 2018 (2018 No 53).
                                • Section 54(3)(a)(ii): repealed, on , by section 15 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                                • Section 54(3)(a)(iii): replaced, on , by section 4 of the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 (2023 No 28).
                                • Section 54(4): inserted, on , by section 19(2) of the Employment Relations Amendment Act 2018 (2018 No 53).