Section 33 — Employment Relations Act 2000: Duty of good faith requires parties to conclude collective agreement unless genuine reason not to

33 Duty of good faith requires parties to conclude collective agreement unless genuine reason not to (1) The duty of good faith in section 4 requires a union and an employer bargaining for a collective agreement to conclude a collective agreement unless there is a genuine reason, based on reasonable grounds, not to. (2) For the purposes of subsection (1) , genuine reason does not include— (a) opposition or objection in principle to bargaining for, or being a party to, a collective agreement; or (b) disagreement about including in a collective agreement a bargaining fee clause under Part 6B . Section 33 was substituted, as from 1 December 2004, by section 12 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.