Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Individual employees' terms and conditions of employment - Terms and conditions of employment if work covered by collective agreement

62A: Employer must share new employee information with union unless employee objects

You could also call this:

“The boss must tell unions about new workers, but workers can say no if they don't want their info shared.”

When you start a new job, your employer must give you a special form within 10 days. This form lets you tell your employer if you want to join a union or not. You have 30 days to fill out and return the form.

The form comes with a notice that explains what information your employer will share with unions if you don’t object. This information includes your name and whether you said you want to join a union, don’t want to join, or didn’t return the form.

After the 30 days are up, your employer has 10 working days to share this information with unions that have agreements covering your type of work. But they won’t share anything if you said you object on the form.

Remember, you can always choose to join or not join a union at any time. This form doesn’t change that right.

If your employer doesn’t follow these rules, they might get in trouble with the Employment Relations Authority.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS195867.

Topics:
Work and jobs > Worker rights
Rights and equality > Privacy
Previous

62: Terms and conditions for first 30 days of employment of new employee who is not member of union, or

“Rules for the first month of work for new employees who aren't in a union”

Next

63: Terms and conditions of employment of employee who is not member of union after expiry of 30-day period, or

“ After 30 days, non-union workers and their bosses can change their work agreements if they both agree. ”

Part 6 Individual employees' terms and conditions of employment
Terms and conditions of employment if work covered by collective agreement

62AEmployer must share new employee information with union unless employee objects

  1. This section applies to an employer who enters into an individual employment agreement with a new employee under section 62.

  2. The employer must, within 10 days after the employee commences employment with the employer, provide the employee with a form approved by the chief executive under section 237AA that the employee may complete and return in accordance with subsection (4) for the purposes of—

  3. notifying the employer whether the employee intends to join a union (or a particular union):
    1. objecting to the employer providing information about the employee to,—
      1. if the employee does not intend to join a union, any union; or
        1. if the employee intends to join a particular union, any other union.

        2. The form must be accompanied by a notice that—

        3. specifies the period during which the employee may complete and return the form, which is the period described in subsection (4); and
          1. explains that, unless the employee objects in accordance with this section, the employer will provide the following information to each union that is a party to a collective agreement that covers the work to be done by the employee:
            1. the name of the employee:
              1. whether the employee has, during the period,—
                1. notified the employer that the employee intends to join the union; or
                  1. notified the employer that the employee does not intend to join the union; or
                    1. not completed and returned the form.

                  2. The employee may complete and return the form during the period that—

                  3. starts when the employee receives the form; and
                    1. ends 30 days after the employee commences employment with the employer.

                      1. The employer must, within 10 working days of the expiry of the period described in subsection (4), provide the following to each union that is a party to a collective agreement that covers the work to be done by the employee (unless the employee has objected in accordance with this section):

                      2. the name of the employee:
                        1. if the employee completes and returns a form in accordance with this section, the completed form:
                          1. if the employee does not complete and return the form in accordance with this section, notice that the employee did not complete and return the form.

                            1. Nothing in this section limits or affects the right of an employee to become, or not to become, a member of a union or a particular union at any time.

                            2. An employer who fails to comply with this section is liable to a penalty imposed by the Authority.

                            Notes
                            • Section 62A: inserted, on , by section 22 of the Employment Relations Amendment Act 2018 (2018 No 53).