Section 62 — Employment Relations Act 2000: Employer's obligations in respect of new employee who is not member of union

62 Employer's obligations in respect of new employee who is not member of union (1) This section— (a) applies to a new employee who— (i) is not a member of a union that is a party to a collective agreement that covers the work to be done by the employee; and (ii) enters into an individual employment agreement with an employer that is a party to a collective agreement that covers the work to be done by the employee; but (b) does not apply to an employee who— (i) resigns as a member of a union and enters into an individual employment agreement with the same employer; or (ii) enters into a new individual employment agreement with the same employer. (1A) For the purposes of subsection (1) , a collective agreement that includes a coverage clause referring to named employees, or the work done by named employees, to whom the collective agreement applies, must be treated as covering the work or type of work done by the named employees (whether done by those employees or any other employees). (2) At the time when the employee enters into the individual employment agreement with an employer, the employer must— (a) inform the employee— (i) that the collective agreement exists and covers work to be done by the employee; and (ii) that the employee may join the union that is a party to the collective agreement; and (iii) about how to contact the union; and (iv) that, if the employee joins the union, the employee will be bound by the collective agreement; and (v) that, during the first 30 days of the employee's employment, the employee's terms and conditions of employment comprise— (A) the terms and conditions in the collective agreement that would bind the employee if the employee were a member of the union; and (B) any additional terms and conditions mutually agreed to by the employee and employer that are not inconsistent with the terms and conditions in the collective agreement; and (b) give the employee a copy of the collective agreement; and (c) if the employee agrees, inform the union as soon as practicable that the employee has entered into the individual employment agreement with the employer. (3) If the work to be done by the employee is covered by more than 1 collective agreement, the employer must— (a) comply with subsection (2) in relation to the collective agreement that binds more of the employer's employees in relation to the work the new employee will be performing than any of the other collective agreements; and (b) inform the employee of the existence of the other agreement or agreements. (4) Every employer who fails to comply with this section is liable to a penalty imposed by the Authority. Subsection (1)(a) was substituted, as from 1 December 2004, by section 21(1) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (1A) was inserted, as from 1 December 2004, by section 21(2) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (3)(a) was amended, as from 1 December 2004, by section 21(3) Employment Relations Amendment Act (No 2) 2004 (2004 No 86) by inserting the words “ in relation to the work the new employee will be performing ” after the words “ that binds more of the employer's employees ” . See section 73 of that Act for the transitional provisions.