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Employment Relations Act 2000

Individual employees' terms and conditions of employment - Bargaining

63B: Additional employer obligations when bargaining for terms and conditions of employment under section 62

You could also call this:

“Employers must tell new workers about unions and collective agreements when hiring”

When you’re looking for a job, and an employer wants to hire you, they need to tell you some important things. This is because there’s a special agreement called a collective agreement that covers the work you might do.

The employer must tell you that this collective agreement exists. They also need to let you know that you can join a union, which is a group that helps workers. The employer has to tell you how to contact the union if you want to.

If you join the union, you’ll be part of the collective agreement. But even if you don’t join, for the first 30 days of your job, your work conditions will be based on this agreement. The employer needs to explain this to you.

The employer also has to give you a copy of the collective agreement to read. They might need to give you more information about what the union does, if the union has asked them to share this with new workers.

If the employer doesn’t do all of these things, they could get in trouble with the Employment Relations Authority.

Remember, these rules are there to help you understand your rights when you’re starting a new job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS195979.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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63A: Bargaining for individual employment agreement or individual terms and conditions in employment agreement, or

“ Rules for employers when discussing job terms with workers or future workers ”

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64: Employer must retain copy of individual employment agreement or individual terms and conditions of employment, or

“Bosses must keep a copy of your work agreement and show it to you if you ask”

Part 6 Individual employees' terms and conditions of employment
Bargaining

63BAdditional employer obligations when bargaining for terms and conditions of employment under section 62

  1. This section applies to an employer who is bargaining with a prospective employee for terms and conditions of employment for the first 30 days of an individual employment agreement under section 62(3).

  2. The employer must, in addition to doing the things described in section 63A(2), inform the prospective employee—

  3. that a collective agreement exists and covers work to be done by the prospective employee; and
    1. that the prospective employee may join a union that is a party to the collective agreement; and
      1. how to contact the union; and
        1. that, if the prospective employee joins the union, the prospective employee will be bound by the collective agreement; and
          1. that, if the prospective employee enters into an individual employment agreement with the employer, the prospective employee's terms and conditions of employment will, during the first 30 days of the prospective employee's employment, comprise—
            1. the terms and conditions in the collective agreement that would bind the prospective employee if the prospective employee were a member of the union; and
              1. any additional terms and conditions mutually agreed to by the prospective employee and employer that are no less favourable to the employee than the terms and conditions in the collective agreement.

              2. The employer must also provide to the prospective employee—

              3. a copy of the collective agreement; and
                1. any information about the role and functions of the union that the employer is required to provide to prospective employees in accordance with a request by a union under section 30A.

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

                  Notes
                  • Section 63B: inserted, on , by section 24 of the Employment Relations Amendment Act 2018 (2018 No 53).