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Employment Relations Act 2000

Bargaining fees

69S: Which employees bargaining fee clause applies to

You could also call this:

“Non-union workers covered by a collective agreement must pay a bargaining fee if they meet certain conditions.”

A bargaining fee clause applies to you if all of these things are true:

You do work that is covered by the collective agreement.

You are not a member of any union.

You were either allowed to vote in the secret ballot that agreed to the clause, or you started working between the time the secret ballot was held and the day before the collective agreement started.

You haven’t told your employer in writing that you don’t want to pay the bargaining fee. You need to do this within a certain time, which is set out in section 69R(1)(c).

If all of these things apply to you, then you will need to pay the bargaining fee.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59925.

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69R: Employer to notify employees if bargaining fee clause agreed to, or

“If a bargaining fee is agreed upon, the boss must tell workers about it and explain how it affects their job and pay.”

Next

69T: Bargaining fee clause binding on employer and employee, or

“The employer must take money from the worker's pay and give it to the union if there's a special agreement.”

Part 6B Bargaining fees

69SWhich employees bargaining fee clause applies to

  1. When a bargaining fee clause has been agreed to in a secret ballot and comes into force, the clause applies to an employee if—

  2. the work performed by the employee comes within the coverage clause of the collective agreement; and
    1. the employee is not a member of any union; and
      1. the employee was—
        1. entitled to vote in the secret ballot that agreed to the clause; or
          1. employed in the period beginning immediately after the secret ballot was held and ending with the close of the day before the date on which the collective agreement came into force; and
          2. the employee has not notified his or her employer in writing, within the period specified under section 69R(1)(c) that the employee does not agree to pay the bargaining fee.

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