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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 about employee pay and work conditions"

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 members of the union and whose work is covered by the collective agreement. The collective agreement applies to these employees.

If an employer is bound by a collective agreement, they have the same rights and duties as they would under the Employment Relations Act 2000. This means they must follow the rules and obligations of the collective agreement. You can find more information about negotiating collective agreements in section 78, but there may be some exceptions.

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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.

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78: Negotiation of collective agreements, or

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

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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 work 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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