Employment Relations Act 2000

Institutions - Employment Relations Authority

164: Application to individual employment agreements of law relating to contracts

You could also call this:

"Rules for fixing problems in your work agreement"

The Employment Relations Authority has the power to make an order about your individual employment agreement under certain sections of the law, such as section 69(1)(b) or section 162. You need to know that the Authority can only make this order if they have followed some steps. The Authority must have identified the problem with your agreement and told the parties involved to try to resolve it in good faith.

The Authority must also be satisfied that you and the other party have tried to resolve the problem using mediation, but it has not worked. If the problem is still not resolved after mediation, the Authority can make an order, but only if they think any other solution would not be suitable. The Authority has to consider whether other remedies would be inappropriate or inadequate before making an order about your individual employment agreement.

The Authority's decision is based on whether they have directed the parties to attempt to resolve the problem, and whether mediation has been used to try to resolve the issue, as outlined in sections such as section 159(1)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60947.


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Part 10Institutions
Employment Relations Authority

164Application to individual employment agreements of law relating to contracts

  1. Where the Authority has, under section 69(1)(b) or section 162, the power to make an order cancelling or varying an individual employment agreement or any term of such an agreement, the Authority may make such an order only if—

  2. the Authority (whether or not it gave any direction under section 159(1)(b) in relation to the matter)—
    1. has identified the problem in relation to the agreement; and
      1. has directed the parties to attempt in good faith to resolve that problem; and
      2. the parties have attempted in good faith to resolve the problem relating to the agreement by using mediation; and
        1. despite the use of mediation, the problem has not been resolved; and
          1. the Authority is satisfied that any remedy other than such an order would be inappropriate or inadequate.
            Compare
            • 1991 No 22 s 104(2)