Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Bargaining fees

69W: Validity of bargaining fee clause

You could also call this:

“A rule that lets unions charge non-members a fee for bargaining is allowed and overrules some other laws.”

A bargaining fee clause is a special part of an agreement. If you follow the rules in this part of the law, the clause is allowed and doesn’t break any other rules in the Employment Relations Act. This includes sections 8, 9, 11, and 68(2)(c) of the Act.

The bargaining fee clause is so important that it can even override the Wages Protection Act 1983. This means that if there’s a conflict between the bargaining fee clause and the Wages Protection Act, the bargaining fee clause wins.

Remember, this is only true if you follow all the rules about bargaining fee clauses in this part of the law. If you do that, you won’t get in trouble for using a bargaining fee clause.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59933.

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69V: Expiry of bargaining fee clause, or

“The bargaining fee rule stops working when the work agreement it's part of ends.”

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“This explains what certain words mean in the rules about breastfeeding at work.”

Part 6B Bargaining fees

69WValidity of bargaining fee clause

  1. A bargaining fee clause, and anything done under it in accordance with this Part,—

  2. is not a breach of, or inconsistent with, this Act (in particular sections 8, 9, 11, and 68(2)(c)); and
    1. overrides the Wages Protection Act 1983.

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