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Employment Relations Act 2000

Summary of changes

These summaries explain recent changes to the law. They are generated by AI comparing versions of the legislation, so they might oversimplify, miss details, or get things wrong. Learn more about how we track these changes.

19 September 2024

  • Amendments have been made to provisions related to discrimination, including the addition of union membership status as a prohibited ground of discrimination and exceptions to this rule
  • The duty of good faith in relation to passing on individual employment agreement terms and conditions has been clarified by amending the title of provision 59B
  • The power of the Authority to order compliance has been updated with minor changes to formatting, citations, and the insertion of new parts and subsections
  • The jurisdiction of the court has been updated to include additional powers and functions, and its jurisdiction in relation to certain matters has been clarified

Affected provisions

  1. 59B: Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
    The duty of good faith in relation to passing on individual employment agreement terms and conditions has been clarified by amending the title of provision 59B
  2. 104: Discrimination
    Amendments have been made to provisions related to discrimination, including the addition of union membership status as a prohibited ground of discrimination and exceptions to this rule
  3. 106: Exceptions in relation to discrimination
    Amendments have been made to provisions related to discrimination, including the addition of union membership status as a prohibited ground of discrimination and exceptions to this rule
  4. 137: Power of Authority to order compliance
    The power of the Authority to order compliance has been updated with minor changes to formatting, citations, and the insertion of new parts and subsections
  5. 187: Jurisdiction of court
    The jurisdiction of the court has been updated to include additional powers and functions, and its jurisdiction in relation to certain matters has been clarified

20 May 2025

  • Amendments to collective agreement and good faith provisions
  • Changes to individual employment agreements, including form, content, and retention requirements
  • Clarification of court powers and jurisdiction
  • Rephrasing and reformatting of various provisions for clarity, with no substantive changes
  • Updates to jurisdiction and exclusive jurisdiction of the Authority
  • Substantial updates to the schedule of essential services
  • Minor formatting changes to schedule headings
  • Amendments to cancellation of shifts and interpretation provisions
  • Repeal of COVID-19 vaccination-related provisions

Affected provisions

  1. 1: Essential services
    Substantial updates to the schedule of essential services
  2. 3A: Provisions relating to COVID-19 vaccinations
    Repeal of COVID-19 vaccination-related provisions
  3. 5: Enactments amended
    Minor formatting changes to schedule headings
  4. 6: Enactments repealed
    Minor formatting changes to schedule headings
  5. 33: Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
    Amendments to collective agreement and good faith provisions
  6. 64: Employer must retain copy of individual employment agreement or individual terms and conditions of employment
    Changes to individual employment agreements, including form, content, and retention requirements
  7. 65: Form and content of individual employment agreement
    Changes to individual employment agreements, including form, content, and retention requirements
  8. 67G: Cancellation of shifts
    Amendments to cancellation of shifts and interpretation provisions
  9. 139: Power of court to order compliance
    Clarification of court powers and jurisdiction
  10. 154: Other mediation services
    Rephrasing and reformatting of various provisions for clarity, with no substantive changes
  11. 161: Jurisdiction
    Updates to jurisdiction and exclusive jurisdiction of the Authority
  12. 168: Oath of office
    Rephrasing and reformatting of various provisions for clarity, with no substantive changes
  13. 176: Protection of members of Authority, etc
    Rephrasing and reformatting of various provisions for clarity, with no substantive changes
  14. 187: Jurisdiction of court
    Clarification of court powers and jurisdiction
  15. 194: Application for review
    Rephrasing and reformatting of various provisions for clarity, with no substantive changes
  16. 216: Obligation to have regard to special jurisdiction of court
    Rephrasing and reformatting of various provisions for clarity, with no substantive changes
  17. 222: Application of Official Information Act 1982
    Rephrasing and reformatting of various provisions for clarity, with no substantive changes
  18. 235A: Interpretation
    Amendments to cancellation of shifts and interpretation provisions
  19. 238A: Provisions relating to COVID-19 vaccinations
    Repeal of COVID-19 vaccination-related provisions

7 July 2025

  • The object of Part 8 has been updated to include provision for specified pay deductions and remove the requirement for a mediated solution to the problem where a strike or lockout is threatened in an essential service
  • Requirements for strikes in essential services have been updated to include details about the nature of the proposed strike and employee work during the strike
  • The court's jurisdiction in relation to injunctions has been amended to include the power to stop a specified pay deduction
  • Jurisdiction provisions have been amended to include proceedings related to partial strikes and update references to pay equity claims
  • Several provisions related to opting out, exempt employers, notice of specified pay deductions, and union requests for information have been repealed
  • New provisions have been added to Schedule 1AA to restrict the application of section 95A in relation to partial strikes that occurred before the commencement of the 2025 amendment Act

Affected provisions

  1. 1AA: Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013
    New provisions have been added to Schedule 1AA to restrict the application of section 95A in relation to partial strikes that occurred before the commencement of the 2025 amendment Act
  2. 44B: How to opt out
    Several provisions related to opting out, exempt employers, notice of specified pay deductions, and union requests for information have been repealed
  3. 69CA: Exempt employer
    Several provisions related to opting out, exempt employers, notice of specified pay deductions, and union requests for information have been repealed
  4. 80: Object of this Part
    The object of Part 8 has been updated to include provision for specified pay deductions and remove the requirement for a mediated solution to the problem where a strike or lockout is threatened in an essential service
  5. 86A: Notice of strike
    Requirements for strikes in essential services have been updated to include details about the nature of the proposed strike and employee work during the strike
  6. 90: Strikes in essential services
    Requirements for strikes in essential services have been updated to include details about the nature of the proposed strike and employee work during the strike
  7. 93: Procedure to provide public with notice before strike in certain passenger transport services
    Requirements for strikes in essential services have been updated to include details about the nature of the proposed strike and employee work during the strike
  8. 95C: Notice of specified pay deduction
    Several provisions related to opting out, exempt employers, notice of specified pay deductions, and union requests for information have been repealed
  9. 95F: Union may request information about specified pay deduction
    Several provisions related to opting out, exempt employers, notice of specified pay deductions, and union requests for information have been repealed
  10. 100: Jurisdiction of court in relation to injunctions
    The court's jurisdiction in relation to injunctions has been amended to include the power to stop a specified pay deduction
  11. 161: Jurisdiction
    Jurisdiction provisions have been amended to include proceedings related to partial strikes and update references to pay equity claims

19 July 2025

  • Updated the reference to the agency designated under the Health and Safety at Work Act 2015 in information sharing provisions

Affected provisions

  1. 233B: Information sharing
    Updated the reference to the agency designated under the Health and Safety at Work Act 2015 in information sharing provisions

6 August 2025

  • Repeal of provisions related to pay deductions
  • Repeal of provisions related to opting out and exempt employers
  • Repeal of review and amendment provisions

Affected provisions

  1. 44B: How to opt out
    Repeal of provisions related to opting out and exempt employers
  2. 69CA: Exempt employer
    Repeal of provisions related to opting out and exempt employers
  3. 69AAL: Review of operation of Part after 2 years
    Repeal of review and amendment provisions
  4. 95C: Notice of specified pay deduction
    Repeal of provisions related to pay deductions
  5. 95F: Union may request information about specified pay deduction
    Repeal of provisions related to pay deductions
  6. 237A: Amendments to Schedule 1A
    Repeal of review and amendment provisions

1 September 2025

  • A new ground for a personal grievance has been added, allowing an employee to raise a grievance if their employer has engaged in adverse conduct for a remuneration disclosure reason
  • Several provisions related to employment agreements and pay deductions have been repealed
  • New clauses have been inserted into Schedule 1AA, relating to the application of certain provisions and interpretation of terms in the Employment Relations Act

Affected provisions

  1. 1AA: Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013
    New clauses have been inserted into Schedule 1AA, relating to the application of certain provisions and interpretation of terms in the Employment Relations Act
  2. 44B: How to opt out
    Several provisions related to employment agreements and pay deductions have been repealed
  3. 69CA: Exempt employer
    Several provisions related to employment agreements and pay deductions have been repealed
  4. 95C: Notice of specified pay deduction
    Several provisions related to employment agreements and pay deductions have been repealed
  5. 95F: Union may request information about specified pay deduction
    Several provisions related to employment agreements and pay deductions have been repealed
  6. 103: Personal grievance
    A new ground for a personal grievance has been added, allowing an employee to raise a grievance if their employer has engaged in adverse conduct for a remuneration disclosure reason
  7. 111: Definitions relating to personal grievances
    A new ground for a personal grievance has been added, allowing an employee to raise a grievance if their employer has engaged in adverse conduct for a remuneration disclosure reason
  8. 237A: Amendments to Schedule 1A
    New clauses have been inserted into Schedule 1AA, relating to the application of certain provisions and interpretation of terms in the Employment Relations Act

3 December 2025

  • Parliamentary security officers have been added as a new category of employees to whom subpart 1 of Part 6A applies

Affected provisions

  1. 1A: Employees to whom subpart 1 of Part 6A applies
    Parliamentary security officers have been added as a new category of employees to whom subpart 1 of Part 6A applies