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85: Effect of lawful strike or lockout
or “Lawful strikes or lockouts protect workers and employers from legal trouble”
You could also call this:

“When workers or bosses can't legally stop work or close workplaces”

You can’t take part in a strike or lockout if it’s against the law. It’s against the law if:

The strike breaks the rules in section 82A.

There’s a collective agreement in place that covers the workers, unless there’s a special exception.

It’s during talks for a new collective agreement, unless at least 40 days have passed since the talks started and any old agreements have ended.

The proper notice wasn’t given. Workers need to follow the rules in sections 86A or 93, and employers need to follow sections 86B or 94.

It’s about a personal problem at work, a disagreement, or a bargaining fee.

It’s about something covered in Part 3 of this law.

It’s for an essential service and the right notice wasn’t given as per sections 90 or 91.

A court has said you can’t do it.

There are some exceptions to these rules. If a court has said it’s okay to strike or lockout about part of an agreement, you can do that. Also, you can strike or lockout if you’re still talking about a new agreement after an old one has ended, even if other agreements are still in place.

When figuring out if an agreement is still active, don’t worry about section 53 of this law.

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Next up: 86A: Notice of strike

or “Workers must tell their boss and the government before they stop working together.”
Next

Part 8 Strikes and lockouts
Lawfulness of strikes and lockouts

86Unlawful strikes or lockouts

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

  2. in the case of a strike, takes place in contravention of section 82A; or
    1. occurs while a collective agreement binding the employees participating in the strike or affected by the lockout is in force, unless subsection (2) applies; or
      1. occurs during bargaining for a proposed collective agreement that will bind the employees participating in the strike or affected by the lockout, unless—
        1. at least 40 days have passed since the bargaining was initiated; and
          1. if on the date bargaining was initiated the employees were bound by the same collective agreement, that collective agreement has expired; and
            1. if on that date the employees were bound by different collective agreements, at least 1 of those collective agreements has expired; or
            2. occurs in a situation where,—
              1. in the case of a strike, the employee has failed to comply with the notice requirements in section 86A or 93, as the case may be:
                1. in the case of a lockout, the employer has failed to comply with the notice requirements in section 86B or 94, as the case may be; or
                2. relates to a personal grievance; or
                  1. relates to a dispute; or
                    1. relates to a bargaining fee clause or proposed bargaining fee clause under Part 6B; or
                      1. relates to any matter dealt with in Part 3; or
                          1. is in an essential service and the requirements as to notice that are contained in section 90 or section 91, as the case may be, have not been complied with; or
                            1. takes place in contravention of an order of the court.

                              1. Subsection (1)(a) does not apply—

                              2. 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); or
                                1. to a collective agreement that is still in force after the first of the collective agreements referred to in subsection (1)(b)(iii) has expired, for so long as that bargaining continues.

                                  1. For the purposes of this section, in determining whether a collective agreement is in force or has expired section 53 is not to be taken into account.

                                  Compare
                                  • 1991 No 22 s 63(a)–(d), (f), (g)
                                  Notes
                                  • Section 86(1)(aa): inserted, on , by section 8 of the Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 (2012 No 37).
                                  • Section 86(1)(ba): inserted, on , by section 54 of the Employment Relations Amendment Act 2014 (2014 No 61).
                                  • Section 86(1)(da): inserted, on , by section 35 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                                  • Section 86(1)(ea): repealed, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).