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Public Service Act 2020

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

79: Collective agreements

You could also call this:

"Agreements between bosses and unions that decide work rules and conditions for employees"

Illustration for Public Service Act 2020

When you negotiate a collective agreement, it must be between the Commissioner and a union. The Commissioner and the union must agree on the terms of the collective agreement for the employees who are members of the union. You can find more information about negotiating collective agreements in section 78.

When the Commissioner and a union agree on a collective agreement for a department or an interdepartmental venture, it is binding on the chief executive of the department or the board of the interdepartmental venture. It is also binding on the employees of the department or interdepartmental venture who are or become members of the union and whose work comes within the coverage clause in the collective agreement. The collective agreement applies to these employees.

If an employer is bound by a collective agreement, they have the same rights, duties, and obligations as they would under the Employment Relations Act 2000. This means the employer must follow the rules and conditions of the collective agreement. The employer's rights and duties are the same as if they were a party to the agreement.

This rule applies except as provided in this section or in section 78. This means there might be some exceptions to the rule, which you can find in these sections. You can check these sections to see if there are any exceptions that apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS252534.

Topics:
Work and jobs > Worker rights
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78: Negotiation of collective agreements, or

"The Commissioner leads talks to create fair work agreements for government employees."

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

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

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

79Collective agreements

  1. Every collective agreement negotiated in accordance with section 78 must be entered into between—

  2. the Commissioner; and
    1. a union of which the employees to whom the collective agreement applies are members.

      1. Every collective agreement entered into between the Commissioner and a union and relating to a department or an interdepartmental venture is binding on—

      2. the chief executive of the department or the board of the interdepartmental venture; and
        1. the employees of the department or interdepartmental venture who are or become members of the union and whose work comes within the coverage clause in the collective agreement.

          1. An employer who is bound by a collective agreement under subsection (2) has the same rights, duties, and obligations that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 as if that employer were a party to that agreement.

          2. Subsection (3) applies except as provided in this section or section 78.

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