Section Sch1B-10 — Employment Relations Act 2000: Mutual obligations

10 Mutual obligations (1) During collective bargaining each party must— (a) give thorough and reasonable consideration to the other's proposals; and (b) not act in a manner that undermines the other or the authority of the other; and (c) not deliberately attempt to provoke a breakdown in the bargaining; and (d) where appropriate, consider ways in which they may take into account tikanga Maori (Maori customary values and practices) in the bargaining. (2) If agreement cannot be reached or the collective bargaining is in difficulty, the parties must give favourable consideration to attending mediation without delay, and must consider third party decision-making. (3) The parties must recognise that collective bargaining and collective agreements need to— (a) provide for the opportunity for participation of union officials, delegates, and members in decision-making where those decisions may have an impact on the work or working environment of those members; and (b) provide for the release of employees to participate in decision-making where appropriate, acknowledging the key role of union delegates in the collective representation of union members; and (c) provide for union delegates to carry out their roles, including the time needed for communication and consultation with members, and for union delegate education.