Section Sch1C-8 — Employment Relations Act 2000: Mutual obligations

8 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. (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 service organisation, and other 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 service organisation, and other union, delegates in the collective representation of their members; and (c) provide for service organisation, and other union, delegates to carry out their roles, including the time needed for communication and consultation with members, and for delegate education.