Employment Relations Act 2000

• Jurisdiction: New Zealand
• Reference: 2000 No 24
• Citation: 2000 No 24
• Record Number: DLM58316
• Act Number: 24
• Type of Document: Act

Contenidos

• Employment Relations Act 2000
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Object of this Act
• 4 Parties to employment relationship to deal with each other in good faith
• 4A Penalty for certain breaches of duty of good faith
• 4B Employer’s general obligation to keep records relating to minimum entitlement provisions
• Part 2
• 5 Interpretation
• 5A Provisions affecting application of amendments to this Act
• 6 Meaning of employee
• 6A Status of examples
• Part 3
• 7 Object of this Part
• 8 Voluntary membership of unions
• 9 Prohibition on preference
• 10 Contracts, agreements, or other arrangements inconsistent with section 8 or section 9
• 11 Undue influence
• Part 4
• 12 Object of this Part
• 13 Application by society to register as union
• 14 When society entitled to be registered as union
• 15 Registration of society as union
• 16 Annual return of members
• 17 Cancellation of union's registration
• 18 Union entitled to represent members' interests
• 18A Union delegates entitled to reasonable paid time to represent employees
• 19 Workplace does not include dwellinghouse
• 20 Access to workplaces
• 20A Representative of union must obtain consent to enter workplace
• 21 Conditions relating to access to workplaces
• 22 When access to workplaces may be denied
• 23 When access to workplaces may be denied on religious grounds
• 24 Issue of certificate of exemption
• 25 Penalty for certain acts in relation to entering workplace
• 26 Union meetings
• 27 Registrar of Unions
• 28 Registrar of Unions may seek directions of Authority
• 29 Persons who have standing in proceedings relating to unions
• 30 Offence to mislead Registrar
• 30A Union may provide employer with information about role and functions of union to pass on to prospective employees
• Part 5
• 31 Object of this Part
• 32 Good faith in bargaining for collective agreement
• 33 Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
• 34 Providing information in bargaining for collective agreement
• 35 Codes of good faith
• 36 Appointment of committee to recommend codes of good faith
• 37 Minister may approve code of good faith not recommended by committee
• 38 Amendment and revocation of code of good faith
• 39 Authority or court may have regard to code of good faith
• 40 Who may initiate bargaining
• 41 When bargaining may be initiated
• 42 How bargaining initiated
• 43 Employees' attention to be drawn to initiation of bargaining
• 44 When bargaining initiated
• 44A Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers
• 44B How to opt out
• 44C Effect of opting out
• 45 One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
• 46 Terms of question for secret ballot
• 47 When secret ballots required after employer initiates bargaining for single collective agreement
• 48 When requirement for secret ballot does not apply
• 49 Parties joining bargaining after it begins
• 50 Consolidation of bargaining
• 50A Purpose of facilitating collective bargaining
• 50B Reference to Authority
• 50C Grounds on which Authority may accept reference
• 50D Limitation on which member of Authority may provide facilitation
• 50E Process of facilitation
• 50F Statements made by parties during facilitation
• 50G Proposals made or positions reached during facilitation
• 50H Recommendation by Authority
• 50I Party must deal with Authority in good faith
• 50J Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
• 50K Authority may determine that bargaining has concluded
• 50KA Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration
• 51 Ratification of collective agreement
• 52 When collective agreement comes into force and expires
• 53 Continuation of collective agreement after specified...