Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Collective bargaining - Collective agreements

56A: Application of collective agreement to subsequent parties

You could also call this:

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

You can become part of a collective agreement even if you weren’t there when it was first made. This can happen for both employers and unions.

If you’re an employer, you can join if:

  • The agreement says new employers can join later
  • The agreement covers work that some or all of your employees do
  • Your employees aren’t already covered by a different collective agreement
  • You tell everyone who’s already part of the agreement that you want to join

Once you’ve told everyone, you become part of the agreement the next day. The agreement then applies to you and to your employees who are in the union and do work covered by the agreement.

If you’re a union, you can join if:

  • The agreement says new unions can join later
  • You have members who do work covered by the agreement
  • Most of your members vote to join in a secret ballot
  • You tell everyone who’s already part of the agreement that you want to join

Once you’ve told everyone, you become part of the agreement the next day. The agreement then applies to you and to your members who work for employers who are part of the agreement and do work covered by the agreement.

When you tell other parties about joining, they’re considered notified when they get your message. If you send it by post, they’re considered notified seven days after you post it.

For employers thinking about joining, ‘employees’ can include people you might hire in the future.

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 It might be out of date or be missing some parts.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=DLM59121.

Topics:
Work and jobs > Worker rights
Business > Industry rules
Previous

56: Application of collective agreement, or

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

Next

57: Employee bound by only 1 collective agreement in respect of same work, or

“Workers can only follow one group agreement for their job, even if they belong to multiple unions.”

Part 5 Collective bargaining
Collective agreements

56AApplication of collective agreement to subsequent parties

  1. An employer who is not a party to a collective agreement may become a party to the collective agreement if—

  2. the agreement provides for an employer to become a party to the agreement after it has been signed by the original parties to the agreement; and
    1. the work of some or all of the employer's employees comes within the coverage clause in the agreement; and
      1. the employees referred to in paragraph (b) are not bound by another collective agreement in respect of their work for the employer; and
        1. the employer notifies all the parties to the agreement in accordance with subsection (5) that the employer proposes to become a party to the agreement.

          1. On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5),—

          2. the employer becomes a party to the collective agreement; and
            1. the collective agreement also binds and is enforceable by—
              1. the employer:
                1. employees—
                  1. who are employed by the employer; 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. A union that is not a party to a collective agreement may become a party to the collective agreement if—

                    3. the agreement provides for a union to become a party to the agreement after it has been signed by the original parties to the agreement; and
                      1. the union has members doing work that comes within the coverage clause of the collective agreement; and
                        1. as a result of a secret ballot of those members, a majority of them who are entitled to vote and do vote are in favour of the union becoming a party to the collective agreement; and
                          1. the union notifies all the parties to the collective agreement in accordance with subsection (5) that the union proposes to become a party to the agreement.

                            1. On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5),—

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

                                      2. For the purposes of this section, a party to a collective agreement is notified—

                                      3. when the notice is given to the party; or
                                        1. if the notice is posted to the party, on the seventh day after the day on which the notice is posted.

                                          1. For the purposes of subsection (1)(b) and (c), employees includes persons whom the employer might employ in the future.

                                          Notes
                                          • Section 56A: inserted, on , by section 17 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).