Employment Relations Act 2000

Bargaining fees

69P: Interpretation

You could also call this:

“This explains what words mean when talking about workers paying unions for help with job deals.”

In this part of the law, you need to know what certain words mean. These meanings apply unless the context suggests otherwise.

A “bargaining fee” is money you might need to pay to a union. This can be a one-time payment or something you pay regularly.

A “bargaining fee clause” is a special part of a collective agreement. It applies to you if you’re not in a union but do work that’s covered by the agreement. This clause tells you how much the bargaining fee is and says you have to pay it. It also means your work terms and conditions are the same as what’s in 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=DLM59915.

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Work and jobs > Worker rights
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“The government checks if the rules about keeping your job when work changes are working well after 3 years.”


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69Q: Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot, or

“The boss and union must agree on a fee, then workers vote secretly to approve it.”

Part 6B Bargaining fees

69PInterpretation

  1. In this Part, unless the context otherwise requires,—

    bargaining fee means an amount payable by an employee to a union under a bargaining fee clause, whether payable as a lump sum or on a periodical basis

      bargaining fee clause means a provision in a collective agreement that, subject to this Part,—

      1. applies to the employer's employees who are not members of a union and who perform work that comes within the coverage clause of the collective agreement; and
        1. specifies the amount of the bargaining fee; and
          1. requires those employees to pay a bargaining fee; and
            1. provides that those employees' terms and conditions of employment comprise the terms and conditions of employment specified in the collective agreement.

            Notes
            • Section 69P: inserted, on , by section 30 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).