Section 40 — Employment Relations Act 2000: Who may initiate bargaining

40 Who may initiate bargaining (1) Bargaining for a collective agreement may be initiated by— (a) 1 or more unions with 1 or more employers; or (b) 1 or more employers with 1 or more unions. (2) However, bargaining for a collective agreement may not be initiated by an employer (whether alone or with other employers) unless the coverage clause will cover work (whether in whole or in part) that is or was covered by another collective agreement to which the employer is or was a party.