Section Sch5-“ 68 — Employment Relations Act 2000: Negotiation of conditions of employment

“ 68 Negotiation of conditions of employment “ (1) The Commissioner is responsible for negotiating under the Employment Relations Act 2000 every collective agreement applicable to employees of any Department of the Public Service as if the Commissioner were the employer. “ (2) Without limiting subsection (1), it is declared that, for the purposes of initiating bargaining for a collective agreement, good faith bargaining for a collective agreement, and entering into collective agreements,— “ (a) the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000 as the Commissioner would have if the Commissioner were the employer; and “ (b) employees of each Department affected are to be treated as if they were all employees of the Commissioner. “ (3) The Commissioner must conduct the negotiations— “ (a) with a union of which the employees are members; and “ (b) in consultation with the chief executive of each Department affected. “ (4) Every collective agreement must be entered into between— “ (a) the Commissioner; and “ (b) a union of which the employees to whom the collective agreement is applicable are members. “ (5) Every collective agreement entered into between the Commissioner and a union and relating to employees of a Department is binding on— “ (a) the chief executive of that Department; and “ (b) the employees of that Department who are or become members of the union and whose work comes within the coverage clause in the collective agreement. “ (6) Except as provided in this section, an employer who is bound by a collective agreement under subsection (5) has the rights, obligations, and duties that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 as if that employer were a party to that agreement. ”