Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section Sch3-19 — Power to award costs
19 Power to award costs (1) The Court in any proceedings may order any party to pay to any other party such costs and expenses (including expenses of witnesses) as the Court thinks reasonable. (2)…
Section Sch3-20 — Proceedings to continue on change in Court
20 Proceedings to continue on change in Court Where any change takes place in the Judge constituting the Court, any proceedings or inquiry then in progress do not abate and are not affected, but are…
Section Sch3-21 — Urgency
21 Urgency Where any party to any proceedings applies to the Court to accord urgency to the hearing of the proceedings, the Court must consider that application and may, if satisfied that it is…
Section Sch3-22 — Proceedings not to abate by reason of death
22 Proceedings not to abate by reason of death (1) Proceedings before the Court do not abate by reason of the seat of any Judge being vacant for any cause whatever, or of the death of any party to…
Section Sch3-5A — Service outside New Zealand
5A Service outside New Zealand Any document relating to a matter before the Court may be served out of New Zealand— (a) by leave of the Court; and (b) in accordance with regulations made under this…
Section 4 — Parties to employment relationship to deal with each other in good faith
4 Parties to employment relationship to deal with each other in good faith (1) The parties to an employment relationship specified in subsection (2) — (a) must deal with each other in good faith; and…
Section Sch4-1 — Initiation of negotiations for agreements
1 Initiation of negotiations for agreements Subject to this Act, the appropriate service organisation or the Commissioner may at any time initiate negotiations for the making or renewal of an…
Section Sch4-10 — Powers and functions of mediator
10 Powers and functions of mediator (1) The mediator must make every endeavour to bring about a settlement of the claim. (2) The mediator must determine, in consultation with the appropriate service…
Section Sch4-11 — Settlement
11 Settlement (1) If a settlement of the claim is arrived at in negotiations, the mediator must record in writing the terms of settlement, which must be signed and dated by— (a) the mediator; and (b)…
Section Sch4-12 — Unsettled disputes
12 Unsettled disputes If the claim to which this Schedule applies is not settled by negotiations, the mediator must refer the claim to the arbitrating body.
Section Sch4-13 — Statement as to state of negotiations
13 Statement as to state of negotiations (1) The appropriate service organisation and the Commissioner must each provide the arbitrating body with a signed statement as to— (a) the state of the…
Section Sch4-14 — Copies of statement
14 Copies of statement A copy of the statement must be forwarded to the other party at the same time as it is provided to the arbitrating body.
Section Sch4-15 — Power of arbitrating body to determine dispute where parties agree
15 Power of arbitrating body to determine dispute where parties agree If the parties agree in writing, the arbitrating body, after giving the parties an opportunity to be heard, must, subject to the…
Section Sch4-16 — Duty of arbitrating body where power to determine dispute not conferred on it
16 Duty of arbitrating body where power to determine dispute not conferred on it If the parties do not agree to the claim being heard and determined by the arbitrating body, the arbitrating body must…
Section Sch4-17 — Hearing by arbitrating body
17 Hearing by arbitrating body At any such meeting the arbitrating body must hear the parties and may do all or any of the following: (a) refer the dispute to the chief executive of the Department of…
Section Sch4-18 — Other actions of arbitrating body
18 Other actions of arbitrating body Any action or actions taken by the arbitrating body under clause 17 do not preclude the arbitrating body from taking any further action under that clause.
Section Sch4-19 — Lapse of negotiations
19 Lapse of negotiations Where, in respect of any dispute,— (a) the arbitrating body has exercised any or all of the powers conferred by clause 17; and (b) the arbitrating body is satisfied that no…
Section Sch4-2 — Contents of notice
2 Contents of notice Every notice submitted under clause 1 must indicate any claims that the initiating party wishes to make against the other party and must identify the matters that may be fixed…
Section Sch4-20 — Arbitrating body
20 Arbitrating body (1) The arbitrating body, for the purposes of the compulsory arbitration, is a committee appointed from time to time under this clause. (2) The committee consists of— (a) an equal…
Section Sch4-21 — Statement as to state of negotiations
21 Statement as to state of negotiations The appropriate service organisation and the Commissioner must each provide the arbitrating body with a signed statement as to— (a) the issues in dispute in…
Section Sch4-22 — Copies of statement
22 Copies of statement When the arbitrating body has received both of the statements required under clause 21, it must supply— (a) a copy of the service organisation's statement to the Commissioner;…
Section Sch4-23 — Hearing and determination of dispute
23 Hearing and determination of dispute (1) The arbitrating body, after giving the parties an opportunity to be heard, must, subject to the provisions of this schedule, hear and determine the dispute…
Section Sch4-24 — Criteria to be observed by arbitrating body
24 Criteria to be observed by arbitrating body The arbitrating body, in hearing and determining a dispute in relation to a proposed agreement, must have regard to— (a) the supply and demand factors…
Section Sch4-25 — Application of criteria
25 Application of criteria In applying the criteria, the arbitrating body— (a) is not bound by historical precedent and practice of any sort; and (b) must consider whether relativities or conditions…
Section Sch4-26 — Duty of arbitrating body to accept one final offer
26 Duty of arbitrating body to accept one final offer (1) In determining any dispute under this schedule, the arbitrating body must accept either the final position adopted by the service…
Section Sch4-27 — Right of parties to agree on other methods
27 Right of parties to agree on other methods Nothing in this schedule prevents the parties from agreeing to have the dispute or any issues in dispute determined in a way different from that set out…
Section Sch4-28 — Power of arbitrating body to waive technical irregularities
28 Power of arbitrating body to waive technical irregularities The arbitrating body in its discretion may waive any technical irregularity or omission that may have occurred in the submission or…
Section Sch4-3 — Power to withdraw notice
3 Power to withdraw notice The initiating party may, at any time before a settlement has been reached, withdraw a notice submitted under clause 1 by giving written notice to that effect to the chief…
Section Sch4-4 — Service of copies of notice
4 Service of copies of notice Immediately after the submission of a notice under clause 1 or clause 3, the party that submitted the notice must serve a copy on the other party.
Section Sch4-5 — Duty of chief executive
5 Duty of chief executive The chief executive of the Department of Labour must, on receiving a notice submitted under clause 1, designate a person to facilitate negotiations in relation to the claims…
Section Sch4-6 — Mediator
6 Mediator The person designated under clause 5 is, in this schedule, referred to as the mediator .
Section Sch4-7 — Mediator to determine date for negotiations
7 Mediator to determine date for negotiations (1) The mediator must, as soon as practicable after being designated by the chief executive of the Department of Labour, determine, in consultation with…
Section Sch4-8 — Action where mediator cannot arrange for negotiations
8 Action where mediator cannot arrange for negotiations (1) Where the mediator is unable to bring together the parties for negotiations, the mediator must inform the arbitrating body accordingly. (2)…
Section Sch4-9 — Negotiators
9 Negotiators (1) No barrister or solicitor who holds a practising certificate for the time being in force under the Law Practitioners Act 1982, whether that barrister or solicitor is acting under a…
Section 4A — Penalty for certain breaches of duty of good faith
4A Penalty for certain breaches of duty of good faith A party to an employment relationship who fails to comply with the duty of good faith in section 4(1) is liable to a penalty under this Act if—…
Section 5 — Interpretation
5 Interpretation In this Act, unless the context otherwise requires,— applicable collective agreement means the collective agreement that is binding on the relevant union and employer, at the…
Section Sch5-“ 10 — Approval by Court or Employment Relations Authority of instruments or proposed instruments
“ 10 Approval by Court or Employment Relations Authority of instruments or proposed instruments “ (1) Despite anything in the Employment Relations Act 2000, the Court may, of its own motion or on the…
Section Sch5-“ 14 — Procedure and jurisdiction of Employment Relations Authority
“ 14 Procedure and jurisdiction of Employment Relations Authority In exercising its functions under this Act, or in respect of any breach of this Act, the Employment Relations Authority has all the…
Section Sch5-“ 25 — Application of Employment Relations Act 2000
“ 25 Application of Employment Relations Act 2000 Except as otherwise provided in section 26 of this Act, the Employment Relations Act 2000 applies in relation to employees appointed under section 18…
Section Sch5-“ 26
“ 26 Before entering into any collective agreement under the Employment Relations Act 2000, the Authority must consult with the State Services Commissioner about the conditions of employment to be…
Section Sch5-“ 26-dup2 — Negotiation of conditions of employment
“ 26 Negotiation of conditions of employment “ (1) The Clerk of the House of Representatives must negotiate under the Employment Relations Act 2000 every collective agreement applicable to employees…
Section Sch5-“ 3 — Training contracts to have effect as employment agreements
“ 3 Training contracts to have effect as employment agreements Any contract between an employer and an employee that relates to the employee's receiving, or provides for the employee to receive,…
Section Sch5-“ 32
“ 32 Before entering into any collective agreement under the Employment Relations Act 2000, the Authority must consult with the State Services Commissioner about the conditions of employment to be…
Section Sch5-“ 33
“ 33 Before entering into a collective agreement under the Employment Relations Act 2000, the Authority must consult with the State Services Commissioner about the conditions of employment to be…
Section Sch5-“ 4 — Application to terms of employment
“ 4 Application to terms of employment “ (1) The terms of employment of any employee contained in any Act or employment agreement include, or are deemed to include, provision for the observance of…
Section Sch5-“ 69 — Application to Civil Staff of Employment Relations Act 2000
“ 69 Application to Civil Staff of Employment Relations Act 2000 Except as otherwise provided in this Act, the Employment Relations Act 2000 applies in relation to the Civil Staff.
Section Sch5-“ 70 — Negotiation of conditions of employment
“ 70 Negotiation of conditions of employment “ (1) The Chief of Defence Force is responsible for negotiating, under the Employment Relations Act 2000, every collective agreement applicable to…
Section Sch5-“ 71 — Personal grievances and disputes
“ 71 Personal grievances and disputes Despite the provisions of sections 61A and 70,— “ (a) in relation to a personal grievance, the employer is the Chief of Defence Force; and “ (b) in relation to a…
Section Sch5-“ 8 — Collective agreements
“ 8 Collective agreements Before entering into any collective agreement under the Employment Relations Act 2000, the company must consult with the State Services Commissioner over the conditions of…
Section Sch5-“ 9 — Collective agreements
“ 9 Collective agreements No Crown Research Institute may enter into a collective agreement that binds any or all of its employees unless that Crown Research Institute, or an authorised…