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:

"Rules for lawful strikes and lockouts when negotiating work agreements"

You can take part in a strike or lockout if it is not against the law under section 86. The strike or lockout must be about bargaining for a collective agreement that applies to all the employees involved. It can also be about an aspect of a collective agreement where you have the right to strike or lock out, as decided by the court under section 192(2)(c).

You are allowed to strike or lock out when bargaining for a new collective agreement. This agreement must cover all the employees taking part in the strike or lockout. The court can also give you the right to strike or lock out under certain conditions, as stated in section 192(2)(c), when bargaining about specific parts of an existing collective agreement.

If you are striking or locking out, you must follow the rules set out in the law, including those in section 86 and section 192(2)(c). You need to make sure your actions are lawful and relate to collective bargaining. This means you must be bargaining for a collective agreement or for specific parts of an agreement where the court has given you the right to strike or lock out.

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

"When work is not safe, employees can strike and employers can lock out staff for health reasons."

Part 8Strikes 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)