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Employment Relations Act 2000

Strikes and lockouts - Lawfulness of strikes and lockouts

83: Lawful strikes and lockouts related to collective bargaining

You could also call this:

“Workers and bosses can stop work if they're talking about making a group work agreement.”

You can take part in a strike or lockout legally if two conditions are met. First, the strike or lockout must not be against the law as described in [section 86]. Second, the strike or lockout must be about negotiating a collective agreement. This agreement should apply to all the workers involved. Sometimes, the court may say it’s okay to strike or lockout about a specific part of a collective agreement. If the court has said this in [section 192(2)(c)], then you can strike or lockout about that part.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59974.

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Work and jobs > Worker rights
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“Secret voting is not needed when workers want to stop work because it's not safe or healthy.”

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84: Lawful strikes and lockouts on grounds of safety or health, or

“Workers can stop work, or bosses can stop workers from working, if they think it's not safe or healthy to work.”

Part 8 Strikes and lockouts
Lawfulness of strikes and lockouts

83Lawful strikes and lockouts related to collective bargaining

  1. Participation in a strike or lockout is lawful if the strike or lockout—

  2. is not unlawful under section 86; and
    1. relates to bargaining—
      1. for a collective agreement that will bind each of the employees concerned; or
        1. with regard to an aspect of a collective agreement in respect of which the right to strike or lock out, as the case may be, is available under a declaration made by the court under section 192(2)(c).

        Compare
        • 1991 No 22 s 64(1)