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Employment Relations Act 2000

Individual employees' terms and conditions of employment - Good faith

60A: Good faith in bargaining for individual employment agreement

You could also call this:

“ This law says people should be fair and honest when talking about a job, considering what each person can do and has. ”

When you and your employer are working out an individual employment agreement, you both need to act in good faith. This means you should consider each other’s situations.

Good faith includes thinking about your circumstances and your employer’s circumstances. These circumstances can be things like:

  1. The way your workplace runs and how your employer’s business operates.
  2. What resources you and your employer have available.

Remember, acting in good faith is about being fair and considering each other’s needs when you’re discussing your employment 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=DLM59139.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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60: Object of this Part, or

“This part explains the rules for deciding how employees should be treated at work and making sure they understand their job agreements.”

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61: Employee bound by applicable collective agreement may agree to additional terms and conditions of employment, or

“Workers can add extra rules to their job contract if everyone agrees and it doesn't go against the group deal.”

Part 6 Individual employees' terms and conditions of employment
Good faith

60AGood faith in bargaining for individual employment agreement

  1. The matters that are relevant to whether an employee and employer bargaining for an individual employment agreement are dealing with each other in good faith include the circumstances of the employee and employer.

  2. For the purposes of subsection (1), circumstances, in relation to an employee and an employer, include—

  3. the operational environment of the employee and employer; and
    1. the resources available to the employee and employer.

      Notes
      • Section 60A: inserted, on , by section 20 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).