Section 192 — Employment Relations Act 2000: Application to collective agreements of law relating to contracts

192 Application to collective agreements of law relating to contracts (1) The Court may not, under section 162 (as applied by section 190(1) ), make in respect of a collective agreement an order cancelling or varying the agreement or any term of the agreement. (2) Despite subsection (1) , the Court may, instead of making an order of the kind described in that subsection,— (a) make an order— (i) suspending some aspect of the agreement; and (ii) directing the parties to the collective agreement to reopen bargaining with regard to the suspended aspect of the agreement; and (b) in addition to an order under paragraph (a) , make an order requiring the parties to make use of mediation in the bargaining required by paragraph (a)(ii) ; and (c) in addition to orders under paragraphs (a) and (b) , make a declaration that the employees and employers covered by the collective agreement (or either of them) are, or are not, to have the right to strike or lock out available to them, while the bargaining required by the order under paragraph (a)(ii) continues. (3) Every declaration under subsection (2)(c) must state the date on which the right to strike or lock out is to become available or is to cease to be available. Compare: 1991 No 22 s 104(2)