Section 65 — Employment Relations Act 2000: Terms and conditions of employment where no collective agreement applies

65 Terms and conditions of employment where no collective agreement applies (1) The individual employment agreement of an employee whose work is not covered by a collective agreement that binds his or her employer— (a) must be in writing; and (b) may contain such terms and conditions as the employee and employer think fit. (2) However, the individual employment agreement— (a) must include— (i) the names of the employee and employer concerned; and (ii) a description of the work to be performed by the employee; and (iii) an indication of where the employee is to perform the work; and (iv) an indication of the arrangements relating to the times the employee is to work; and (v) the wages or salary payable to the employee; and (vi) a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to the period of 90 days in section 114 within which a personal grievance must be raised; and (b) must not contain anything— (i) contrary to law; or (ii) inconsistent with this Act. (3) To determine for the purposes of subsection (1) whether the work of an employee is covered by a collective agreement that binds the employer, a collective agreement that includes a coverage clause referring to named employees, or the work or type of 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). Subsection (3) was inserted, as from 1 December 2004, by section 25 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.