Section 63 — Employment Relations Act 2000: Terms and conditions of employment of new employee who is not member of union

63 Terms and conditions of employment of new employee who is not member of union (1) The terms and conditions of employment of an employee to whom section 62 applies are determined in accordance with subsections (2) to (5) . (2) For the first 30 days after the employee enters into an individual employment agreement, 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. (2A) However, the employee's terms and conditions of employment do not include any bargaining fee payable under Part 6B . (3) If the work to be done by the employee is covered by more than 1 collective agreement, subsection (2)(a) applies to the collective agreement that binds more of the employer's employees in relation to the work the employee will be performing than any of the other collective agreements. (4) No term or condition of employment may be expressed to alter automatically after the 30-day period to be inconsistent with the collective agreement. (5) After the 30-day period expires, the employee and the employer may, by mutual agreement, vary the individual employment agreement as they think fit. (6) For an employee who holds a minimum wage exemption permit under section 8 of the Minimum Wage Act 1983 , the terms and conditions under subsection (2) are subject to the terms of the permit relating to the wages to be paid. Subsection (2A) was inserted, as from 1 December 2004, by section 22(1) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (3) was amended, as from 1 December 2004, by section 22(2) Employment Relations Amendment Act (No 2) 2004 (2004 No 86) by inserting “ in relation to the work the employee will be performing ” after “ employer's employees ” . See section 73 of that Act for the transitional provisions. Subsection (6) was inserted, as from 1 December 2004, by section 22(3) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (6) was amended, as from 28 March 2007, by section 5(1) Minimum Wage Amendment Act 2007 (2007 No 12) by substituting “ a minimum wage exemption permit ” for “ an under-rate worker's permit ” .