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Employment Relations Act 2000

Collective bargaining - Collective agreements

56: Application of collective agreement

You could also call this:

“This explains who must follow the rules in a workplace agreement between unions and employers.”

A collective agreement is a contract that applies to certain workers and their employers. When it’s in effect, it’s binding and can be enforced by the union and employer who are part of the agreement. It also applies to employees who work for an employer that’s part of the agreement, are members of the union involved, and whose job is covered by the agreement.

If you’re an employee covered by a collective agreement but have a special permit that allows you to be paid less than the minimum wage, you can still be paid that lower amount. This is only if your union agrees and only while your permit is valid.

If a union that’s part of a collective agreement stops being registered or stops being an official society, the agreement still applies to the employers and the union members who were covered by it before.

If a union joins with other unions, the new, bigger union becomes part of the collective 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=DLM59118.

Topics:
Work and jobs > Worker rights
Business > Industry rules
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55: Deduction of union fees, or

“How money for joining a workers' group can be taken out of your pay if you say it's okay”

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56A: Application of collective agreement to subsequent parties, or

“This law explains how new employers and unions can join an existing work agreement if certain rules are followed.”

Part 5 Collective bargaining
Collective agreements

56Application of collective agreement

  1. A collective agreement that is in force binds and is enforceable by—

  2. the union and the employer that are the parties to the agreement; and
    1. employees—
      1. who are employed by an employer that is a party to the agreement; and
        1. who are or become members of a union that is a party to the agreement; and
          1. whose work comes within the coverage clause in the agreement.

          2. However, an employee who is bound by a collective agreement and who holds a minimum wage exemption permit under section 8 of the Minimum Wage Act 1983 may be paid wages at the rate specified in the permit,—

          3. while the permit is in force; and
            1. if the union that is a party to the collective agreement agrees.

              1. If the registration of a union that is a party to a collective agreement is cancelled or the union ceases to be an incorporated society, the collective agreement continues to bind the employer or employers who are parties to the agreement, and the members of the union who were bound by the collective agreement immediately before the cancellation of the union's registration or the cessation of the union as an incorporated society.

              2. If the union's registration is cancelled as a result of the union's amalgamation with 1 or more other unions, the collective agreement binds the amalgamated union.

              Notes
              • Section 56(1A): inserted, on , by section 16 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
              • Section 56(1A): amended, on , by section 5(1) of the Minimum Wage Amendment Act 2007 (2007 No 12).