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Public Service Act 2020

People working in public service - Public service workforce - Negotiation of collective agreements

78: Negotiation of collective agreements

You could also call this:

"The Commissioner leads talks to create fair work agreements with employees and their unions."

When it comes to negotiating collective agreements, the Commissioner is in charge. The Commissioner negotiates these agreements under the Employment Relations Act 2000 as if they were the employer of the departments or interdepartmental ventures. This means the Commissioner has the same rights and duties as an employer would.

The Commissioner must negotiate in good faith and follow the rules of the Employment Relations Act 2000. You are treated as if you work for the Commissioner when it comes to negotiating collective agreements. This applies to all employees in the affected departments or interdepartmental ventures.

The Commissioner must negotiate with the union that represents the employees and consult with the chief executive or board of each department or interdepartmental venture. This ensures that everyone involved has a say in the negotiation process. The Commissioner's goal is to reach a fair agreement that works for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS219491.

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Part 3People working in public service
Public service workforce: Negotiation of collective agreements

78Negotiation of collective agreements

  1. The Commissioner is responsible for negotiating under the Employment Relations Act 2000 all collective agreements that apply to any department or interdepartmental venture as if the Commissioner were the employer.

  2. For the purposes of initiating bargaining for a collective agreement, good-faith bargaining for a collective agreement, and entering into collective agreements,—

  3. the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000 as the Commissioner would have if the Commissioner were the employer; and
    1. employees of each affected department or interdepartmental venture are to be treated as if they were all employees of the Commissioner.

      1. The Commissioner must conduct the negotiations—

      2. with a union of which the employees are members; and
        1. in consultation with the chief executive or board of each affected department or interdepartmental venture.

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