Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 29 — Persons who have standing in proceedings relating to unions
29 Persons who have standing in proceedings relating to unions The following persons have standing to commence or be a party to or be heard on matters within the Authority's jurisdiction that relate…
Section 30 — Offence to mislead Registrar
30 Offence to mislead Registrar Every person commits an offence and is liable on conviction by the Court to a fine not exceeding $5,000 who does or says anything, or omits to do or say anything, with…
Section 31 — Object of this Part
31 Object of this Part The object of this Part is— (a) to provide the core requirements of the duty of good faith in relation to collective bargaining; and (aa) to provide that the duty of good faith…
Section 32 — Good faith in bargaining for collective agreement
32 Good faith in bargaining for collective agreement (1) The duty of good faith in section 4 requires a union and an employer bargaining for a collective agreement to do, at least, the following…
Section 33 — Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
33 Duty of good faith requires parties to conclude collective agreement unless genuine reason not to (1) The duty of good faith in section 4 requires a union and an employer bargaining for a…
Section 34 — Providing information in bargaining for collective agreement
34 Providing information in bargaining for collective agreement (1) This section applies for the purposes of section 32(1)(e) . (2) A request by a union or an employer to the other for information…
Section 35 — Codes of good faith
35 Codes of good faith (1) The Minister may, by notice in the Gazette ,— (a) approve 1 or more codes of good faith recommended by the committee appointed under section 36 : (b) approve 1 or more…
Section 36 — Appointment of committee to recommend codes of good faith
36 Appointment of committee to recommend codes of good faith (1) The Minister may appoint a committee for the purpose of recommending to the Minister 1 or more codes of good faith. (2) The membership…
Section 37 — Minister may approve code of good faith not recommended by committee
37 Minister may approve code of good faith not recommended by committee (1) The Minister may approve a code of good faith under section 35(1)(b) if— (a) the committee has not recommended a code of…
Section 38 — Amendment and revocation of code of good faith
38 Amendment and revocation of code of good faith A code of good faith may be amended or revoked in the same manner as the code is approved.
Section 39 — Authority or Court may have regard to code of good faith
39 Authority or Court may have regard to code of good faith The Authority or Court may, in determining whether or not a union and an employer have dealt with each other in good faith in bargaining…
Section 40 — Who may initiate bargaining
40 Who may initiate bargaining (1) Bargaining for a collective agreement may be initiated by— (a) 1 or more unions with 1 or more employers; or (b) 1 or more employers with 1 or more unions. (2)…
Section 41 — When bargaining may be initiated
41 When bargaining may be initiated (1) If there is no applicable collective agreement in force between a union and an employer, the union or the employer may initiate bargaining with the other at…
Section 42 — How bargaining initiated
42 How bargaining initiated (1) A union or employer initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection…
Section 43 — Employees' attention to be drawn to initiation of bargaining
43 Employees' attention to be drawn to initiation of bargaining An employer that initiates bargaining or that receives a notice initiating bargaining for a collective agreement must, as soon as…
Section 44 — When bargaining initiated
44 When bargaining initiated (1) Bargaining for a collective agreement is initiated,— (a) if only 1 notice is required under section 42 , on the day on which the notice is given: (b) if more than 1…
Section 45 — One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
45 One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement (1) This section applies to— (a) 1 union proposing to initiate bargaining with 2 or…
Section 46 — Terms of question for secret ballot
46 Terms of question for secret ballot The question to be voted on in a secret ballot for the purposes of section 45 is— (a) whether the member is in favour of bargaining for a single collective…
Section 47 — When secret ballots required after employer initiates bargaining for single collective agreement
47 When secret ballots required after employer initiates bargaining for single collective agreement (1) This section applies to— (a) 2 or more unions in relation to which 1 employer has initiated…
Section 48 — When requirement for secret ballot does not apply
48 When requirement for secret ballot does not apply Sections 45 , 46 , and 47 do not apply to bargaining for a single collective agreement if— (a) the collective agreement is intended to replace a…
Section 49 — Parties joining bargaining after it begins
49 Parties joining bargaining after it begins (1) A union or employer may become a party to bargaining for a collective agreement after bargaining has been initiated, but only if the requirements of…
Section 50 — Consolidation of bargaining
50 Consolidation of bargaining (1) This section applies if— (a) an employer receives 2 or more notices under section 42 from different unions; and (b) the notices relate, in whole or in part, to the…
Section 50A — Purpose of facilitating collective bargaining
50A Purpose of facilitating collective bargaining (1) The purpose of sections 50B to 50I is to provide a process that enables 1 or more parties to collective bargaining who are having serious…
Section 50B — Reference to Authority
50B Reference to Authority (1) One or more matters relating to bargaining for a collective agreement may be referred to the Authority for facilitation to assist in resolving difficulties in…
Section 50C — Grounds on which Authority may accept reference
50C Grounds on which Authority may accept reference (1) The Authority must not accept a reference for facilitation unless satisfied that 1 or more of the following grounds exist: (a) that— (i) in the…
Section 50D — Limitation on which member of Authority may provide facilitation
50D Limitation on which member of Authority may provide facilitation A member of the Authority who facilitates collective bargaining must not be the member of the Authority who accepted the reference…
Section 50E — Process of facilitation
50E Process of facilitation (1) The process to be followed during facilitation— (a) must be conducted in private; and (b) is the process determined by the Authority. (2) During facilitation, the…
Section 50F — Statements made by parties during facilitation
50F Statements made by parties during facilitation (1) A statement made by a party for the purposes of facilitation is not admissible against the party in proceedings under this Act. (2) A party may…
Section 50G — Proposals made or positions reached during facilitation
50G Proposals made or positions reached during facilitation (1) A proposal made by a party or a position reached by parties to collective bargaining during facilitation is not binding on a party…
Section 50H — Recommendation by Authority
50H Recommendation by Authority (1) While assisting parties to bargaining for a collective agreement, the Authority may make 1 or more recommendations about— (a) the process the parties should follow…
Section 50I — Party must deal with Authority in good faith
50I Party must deal with Authority in good faith During facilitation, a party to bargaining for a collective agreement must deal with the Authority in good faith. Sections 50A to 50J were inserted,…
Section 50J — Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
50J Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining (1) A party to bargaining for a collective agreement may apply, on the grounds…
Section 51 — Ratification of collective agreement
51 Ratification of collective agreement (1) A union must not sign a collective agreement or a variation of it unless the agreement or variation has been ratified in accordance with the ratification…
Section 52 — When collective agreement comes into force and expires
52 When collective agreement comes into force and expires (1) A collective agreement comes into force on— (a) the date specified in the agreement as the date on which it comes into force; or (b) if…
Section 53 — Continuation of collective agreement after specified expiry date
53 Continuation of collective agreement after specified expiry date (1) A collective agreement that would otherwise expire as provided in section 52(3) continues in force— (a) if subsection (2) is…
Section 54 — Form and content of collective agreement
54 Form and content of collective agreement (1) A collective agreement has no effect unless— (a) it is in writing; and (b) it is signed by each union and employer that is a party to the agreement.…
Section 55 — Deduction of union fees
55 Deduction of union fees (1) A collective agreement is to be treated as if it contains a provision that requires an employer that is a party to the agreement to deduct, with the consent of a union…
Section 56 — Application of collective agreement
56 Application of collective agreement (1) A collective agreement that is in force binds and is enforceable by— (a) the union and the employer that are the parties to the agreement; and (b)…
Section 56A — Application of collective agreement to subsequent parties
56A Application of collective agreement to subsequent parties (1) An employer who is not a party to a collective agreement may become a party to the collective agreement if— (a) the agreement…
Section 57 — Employee bound by only 1 collective agreement in respect of same work
57 Employee bound by only 1 collective agreement in respect of same work If an employee is a member of more than 1 union, the employee is bound by only 1 collective agreement covering the same work…
Section 58 — Employee who resigns as member of union but does not resign as employee
58 Employee who resigns as member of union but does not resign as employee (1) A member of a union who is bound by a collective agreement and who resigns as a member of the union but does not resign…
Section 59 — Copy of collective agreement to be delivered to chief executive
59 Copy of collective agreement to be delivered to chief executive (1) The parties to a collective agreement must ensure that, as soon as practicable after they enter into the agreement, a copy of…
Section 59A — Interpretation
59A Interpretation In sections 59B and 59C , reached, in relation to a term or condition in bargaining for a collective agreement, means a term or condition that the parties have agreed or accepted…
Section 59B — Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
59B Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement (1) It is not…
Section 59C — Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement
59C Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement (1) It is not a breach…
Section 60 — Object of this Part
60 Object of this Part The object of this Part is— (a) to specify the rules for determining the terms and conditions of an employee's employment; and (b) to require new employees, whose terms and…
Section 60A — Good faith in bargaining for individual employment agreement
60A Good faith in bargaining for individual employment agreement (1) The matters that are relevant to whether an employee and employer bargaining for an individual employment agreement are dealing…
Section 61 — Employee bound by applicable collective agreement may agree to additional terms and conditions of employment
61 Employee bound by applicable collective agreement may agree to additional terms and conditions of employment (1) The terms and conditions of employment of an employee who is bound by an applicable…
Section 62 — Employer's obligations in respect of new employee who is not member of union
62 Employer's obligations in respect of new employee who is not member of union (1) This section— (a) applies to a new employee who— (i) is not a member of a union that is a party to a collective…
Section 63 — Terms and conditions of employment of new employee who is not member of union
63 Terms and conditions of employment of new employee who is not member of union (1) The terms and conditions of employment of an employee to whom section 62 applies are determined in accordance with…