Public Service Act 2020

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

80: Delegation of Commissioner’s functions and powers to negotiate collective agreements

You could also call this:

"The Commissioner can pass on some of their work to others to negotiate employment agreements."

The Commissioner can give some of their jobs and powers to a chief executive of a department or the board of an interdepartmental venture under clause 6 of Schedule 3. This means the chief executive or board can negotiate collective agreements on behalf of the Commissioner, as stated in section 78. The Commissioner can also add some rules to this, such as requiring the chief executive or board to work with others to achieve consistent employment terms.

The Commissioner can add rules to make sure employment terms are consistent across public service agencies. These rules can include negotiating with other chief executives or boards to achieve consistent terms and conditions for a specific group of employees. The Commissioner can also add other rules they think are necessary.

The Commissioner has the power to add any rules they think are necessary when giving jobs and powers to a chief executive or board, and the rules mentioned earlier do not limit this power.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS219492.


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

80Delegation of Commissioner’s functions and powers to negotiate collective agreements

  1. The Commissioner may, under clause 6 of Schedule 3, delegate to a chief executive of a department or the board of an interdepartmental venture the Commissioner’s functions and powers under section 78.

  2. The delegation may be subject to—

  3. a direction or condition requiring the chief executive or board to negotiate in consultation with any other chief executive of a department or board of an interdepartmental venture with the aim of achieving consistent terms and conditions of employment for a specified group of employees; or
    1. any other directions or conditions that the Commissioner thinks fit in order to foster consistent terms and conditions of employment across public service agencies.
      1. Subsection (2) does not limit the directions or conditions the Commissioner may specify in relation to the delegation.

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