Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section Sch5-“ 10-dup2 — Penalties and jurisdiction
“ 10 Penalties and jurisdiction Every person who makes default in the full payment of any wages payable by that person under this Act and every person who fails to otherwise comply with the…
Section Sch5-“ 13 — Penalties
“ 13 Penalties “ Where— “ (a) any payment is made by or on behalf of any employer in contravention of this Act; or “ (b) any employer or any person on that employer's behalf contravenes or fails to…
Section Sch5-“ 16 — Provisions in collective agreements
“ 16 Provisions in collective agreements Subject to section 6(2), nothing in this Act derogates from or makes it unlawful to comply with— “ (a) any provision of any collective agreement within the…
Section Sch5-“ 17 — Personal grievance
“ 17 Personal grievance “ (1) Where an employee who makes a protected disclosure of information under this Act claims to have suffered retaliatory action from his or her employer or former employer,…
Section Sch5-“ 2 — Interpretation
“ 2 Interpretation In this Act, unless the context otherwise requires,— “ employer means a person employing any worker or workers; and includes a person engaging or employing a homeworker “…
Section Sch5-“ 33-dup2
“ 33 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-“ 5 — Application to terms of employment
“ 5 Application to terms of employment “ (1) The terms of employment of any worker contained in any Act or employment agreement include, or are deemed to include, provision for the observance of…
Section Sch5-“ 58 — Power to refer complaint to Employment Relations Authority
“ 58 Power to refer complaint to Employment Relations Authority “ (1) Where a parental leave complaint is not disposed of between the parties, it may be referred to the Employment Relations…
Section Sch5-“ 59 — Role of institutions
“ 59 Role of institutions Where any parental leave complaint comes before the Employment Relations Authority, sections 177 to 184 of the Employment Relations Act 2000 apply in relation to that…
Section Sch5-“ 66 — Reinstatement
“ 66 Reinstatement Where the remedy of reinstatement is provided by the Employment Relations Authority or the Employment Court, the employee must be reinstated immediately or on such date as is…
Section Sch5-“ 67 — Application to Public Service of Employment Relations Act 2000
“ 67 Application to Public Service of Employment Relations Act 2000 Except as otherwise provided in this Act, the Employment Relations Act 2000 applies in relation to the Public Service.
Section Sch5-“ 68 — 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…
Section Sch5-“ 69-dup2 — Personal grievances and disputes
“ 69 Personal grievances and disputes Despite the provisions of section 68,— “ (a) in relation to a personal grievance, the employer is the chief executive of the Department; and “ (b) in relation to…
Section Sch5-“ 73 — Application of Employment Relations Act 2000
“ 73 Application of Employment Relations Act 2000 Except as otherwise provided in this Act, the Employment Relations Act 2000 applies in relation to the Education service.
Section Sch5-“ 74 — Negotiation of conditions of employment
“ 74 Negotiation of conditions of employment “ (1) Except as provided in section 74C, the Commissioner is responsible for negotiating under the Employment Relations Act 2000 every collective…
Section Sch5-“ 8-dup2 — 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-“ 8-dup3 — Application of Employment Relations Act 2000
“ 8 Application of Employment Relations Act 2000 “ (1) Except as otherwise provided in this Act, the Employment Relations Act 2000 applies in relation to every State enterprise. “ (2) Before entering…
Section Sch5-“ 83 — Settlement of disputes
“ 83 Settlement of disputes “ (1) Where there is a dispute about the interpretation, application, or operation of any provision of any agreement that applies to sworn members of the Police,— “ (a) a…
Section Sch5-“ 87 — Personal grievances
“ 87 Personal grievances “ (1) Part 9 of the Employment Relations Act 2000 applies in relation to personal grievances by sworn members of the Police. “ (2) For the purposes of Part 9 of the…
Section Sch5-“ 96 — Employment Relations Act 2000 and State Sector Act 1988 not to apply
“ 96 Employment Relations Act 2000 and State Sector Act 1988 not to apply “ (1) Except as otherwise expressly provided in this Act, nothing in either the Employment Relations Act 2000 or the State…
Section Sch5-“ 11A — Compliance order
“ 11A Compliance order Sections 131 and 138 of the Employment Relations Act 2000 apply to the non-observance or non-compliance with any provision of, or requirement given under, this Act as if it…
Section Sch5-“ 3A — Jurisdiction of Employment Court
“ 3A Jurisdiction of Employment Court This Part of this Act is subject to the provisions of the Employment Relations Act 2000 relating to the jurisdiction of the Employment Court in respect of…
Section Sch5-“ 67A — Individual employment agreements
“ 67A Individual employment agreements “ (1) Subject to subsection (2), nothing in section 67 prevents the Commissioner and any sworn member of the Police from entering into an individual employment…
Section Sch5-“ 74A — Personal grievances and disputes
“ 74A Personal grievances and disputes Despite the provisions of section 74,— “ (a) in relation to a personal grievance, the employer is the employer as defined in section 2; and “ (b) in relation to…
Section Sch5-“ 11B — 40-hour 5-day week
“ 11B 40-hour 5-day week “ (1) Subject to subsections (2) and (3), every employment agreement under the Employment Relations Act 2000 must fix at not more than 40 the maximum number of hours…
Section 6 — Meaning of employee
6 Meaning of employee (1) In this Act, unless the context otherwise requires, employee — (a) means any person of any age employed by an employer to do any work for hire or reward under a contract of…
Section Sch6 — Enactments repealed
Schedule 6 Enactments repealed s 241 Defence Amendment Act 1997 (1997 No 41) Section 3(2)(c) . Education Act 1964 (RS Vol 34 p 355) Section 106B(1)(g) and 201D(d) . Electricity Industry Reform Act…
Section 6A — Status of examples
6A Status of examples (1) In this Act, an example is only illustrative of the provision it relates to and does not limit the provision. (2) If an example and the provision it relates to are…
Section 7 — Object of this Part
7 Object of this Part The object of this Part is to establish that— (a) employees have the freedom to choose whether or not to form a union or be members of a union for the purpose of advancing their…
Section 8 — Voluntary membership of unions
8 Voluntary membership of unions A contract, agreement, or other arrangement between persons must not require a person— (a) to become or remain a member of a union or a particular union; or (b) to…
Section 9 — Prohibition on preference
9 Prohibition on preference (1) A contract, agreement, or other arrangement between persons must not confer on a person, because the person is or is not a member of a union or a particular union,—…
Section 10 — Contracts, agreements, or other arrangements inconsistent with section 8 or section 9
10 Contracts, agreements, or other arrangements inconsistent with section 8 or section 9 A contract, agreement, or other arrangement has no force or effect to the extent that it is inconsistent with…
Section 11 — Undue influence
11 Undue influence (1) A person must not exert undue influence, directly or indirectly, on another person with the intention of inducing the other person— (a) to become or remain a member of a union…
Section 12 — Object of this Part
12 Object of this Part The object of this Part is— (a) to recognise the role of unions in promoting their members' collective employment interests; and (b) to provide for the registration of unions…
Section 13 — Application by society to register as union
13 Application by society to register as union (1) A society that is entitled to be registered as a union may apply to the Registrar of Unions to be registered as a union under this Act. (2) An…
Section 14 — When society entitled to be registered as union
14 When society entitled to be registered as union (1) A society is entitled to be registered as a union if— (a) the object or, if the society has more than 1 object, an object of the society is to…
Section 15 — Registration of society as union
15 Registration of society as union (1) The Registrar of Unions must register a society as a union if the society— (a) applies, in accordance with section 13 , to be registered as a union; and (b) is…
Section 16 — Annual return of members
16 Annual return of members A union must deliver to the Registrar of Unions, not later than 1 June in each calendar year, an annual return of members, stating how many members it had as at 1 March in…
Section 17 — Cancellation of union's registration
17 Cancellation of union's registration (1) The Registrar of Unions may cancel the registration of a union under this Act, but only if— (a) the union applies to the Registrar of Unions to cancel its…
Section 18 — Union entitled to represent members' interests
18 Union entitled to represent members' interests (1) A union is entitled to represent its members in relation to any matter involving their collective interests as employees. (2) This Act does not…
Section 19 — Workplace does not include dwellinghouse
19 Workplace does not include dwellinghouse For the purposes of sections 20 to 25 , workplace does not include a dwellinghouse.
Section 20 — Access to workplaces
20 Access to workplaces (1) A representative of a union is entitled, in accordance with this section and section 21 , to enter a workplace— (a) for purposes related to the employment of its members;…
Section 21 — Conditions relating to access to workplaces
21 Conditions relating to access to workplaces (1) A representative of a union may enter a workplace— (a) for a purpose specified in section 20(2) if the representative believes, on reasonable…
Section 22 — When access to workplaces may be denied
22 When access to workplaces may be denied (1) A representative of a union may be denied access to a workplace if entry to the premises or any part of the premises might prejudice— (a) the security…
Section 23 — When access to workplaces may be denied on religious grounds
23 When access to workplaces may be denied on religious grounds A representative of a union may be denied access to a workplace if— (a) all the employees employed in the workplace are employed by an…
Section 24 — Issue of certificate of exemption
24 Issue of certificate of exemption (1) The chief executive may, for the purposes of section 23 , issue a certificate of exemption to an employer who is an individual if the chief executive is…
Section 25 — Penalty for certain acts in relation to entering workplace
25 Penalty for certain acts in relation to entering workplace Every person is liable to a penalty, imposed by the Authority, who, without lawful excuse,— (a) refuses to allow a representative of a…
Section 26 — Union meetings
26 Union meetings (1) An employer must allow every union member employed by the employer to attend— (a) at least 1 union meeting (of a maximum of 2 hours' duration) in the calendar year 2000; and (b)…
Section 27 — Registrar of Unions
27 Registrar of Unions (1) The chief executive may appoint an employee of the Department to be the Registrar of Unions, and may appoint another employee of the Department to be the Deputy Registrar…
Section 28 — Registrar of Unions may seek directions of Authority
28 Registrar of Unions may seek directions of Authority (1) The Registrar of Unions may apply to the Authority for directions relating to the exercise of his or her powers, duties, or functions under…