Section 56A — Employment Relations Act 2000: Application of collective agreement to subsequent parties

56A Application of collective agreement to subsequent parties (1) An employer who is not a party to a collective agreement may become a party to the collective agreement if— (a) the agreement provides for an employer to become a party to the agreement after it has been signed by the original parties to the agreement; and (b) the work of some or all of the employer's employees comes within the coverage clause in the agreement; and (c) the employees referred to in paragraph (b) are not bound by another collective agreement in respect of their work for the employer; and (d) the employer notifies all the parties to the agreement in accordance with subsection (5) that the employer proposes to become a party to the agreement. (2) On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5) ,— (a) the employer becomes a party to the collective agreement; and (b) the collective agreement also binds and is enforceable by— (i) the employer: (ii) employees— (A) who are employed by the employer; and (B) who are or become members of a union that is a party to the agreement; and (C) whose work comes within the coverage clause in the agreement. (3) A union that is not a party to a collective agreement may become a party to the collective agreement if— (a) the agreement provides for a union to become a party to the agreement after it has been signed by the original parties to the agreement; and (b) the union has members doing work that comes within the coverage clause of the collective agreement; and (c) as a result of a secret ballot of those members, a majority of them who are entitled to vote and do vote are in favour of the union becoming a party to the collective agreement; and (d) the union notifies all the parties to the collective agreement in accordance with subsection (5) that the union proposes to become a party to the agreement. (4) On the day after the day on which all parties to the collective agreement have been notified in accordance with subsection (5) ,— (a) the union becomes a party to the collective agreement; and (b) the collective agreement also binds and is enforceable by— (i) the union: (ii) employees— (A) who are employed by an employer that is a party to the agreement; and (B) who are or become members of the union; and (C) whose work comes within the coverage clause in the agreement. (5) For the purposes of this section, a party to a collective agreement is notified— (a) when the notice is given to the party; or (b) if the notice is posted to the party, on the 7th day after the day on which the notice is posted. (6) For the purposes of subsection (l)(b) and (c) , employees includes persons whom the employer might employ in the future. Section 56A was inserted, as from 1 December 2004, by section 17 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.