Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 63A — Bargaining for individual employment agreement or individual terms and conditions in employment agreement
63A Bargaining for individual employment agreement or individual terms and conditions in employment agreement (1) This section applies when bargaining for terms and conditions of employment in the…
Section 64 — Opportunity to seek advice for new employee where no collective agreement applies
64 Opportunity to seek advice for new employee where no collective agreement applies [Repealed] Section 64 was repealed, as from 1 December 2004, by section 24 Employment Relations Amendment Act (No…
Section 65 — Terms and conditions of employment where no collective agreement applies
65 Terms and conditions of employment where no collective agreement applies (1) The individual employment agreement of an employee whose work is not covered by a collective agreement that binds his…
Section 65A — Deduction of union fees
65A Deduction of union fees (1) An individual employment agreement of an employee who is a member of a union is to be treated as if it contains a provision that requires the employee's employer to…
Section 66 — Fixed term employment
66 Fixed term employment (1) An employee and an employer may agree that the employment of the employee will end— (a) at the close of a specified date or period; or (b) on the occurrence of a…
Section 67 — Probationary arrangements
67 Probationary arrangements (1) Where the parties to an employment agreement agree as part of the agreement that an employee will serve a period of probation or trial after the commencement of the…
Section 68 — Unfair bargaining for individual employment agreements
68 Unfair bargaining for individual employment agreements (1) Bargaining for an individual employment agreement is unfair if— (a) 1 or more of paragraphs (a) to (d) of subsection (2) apply to a party…
Section 69 — Remedies for unfair bargaining
69 Remedies for unfair bargaining (1) If a party to an individual employment agreement is found to have bargained unfairly under section 68 , the Authority may do 1 or more of the following things:…
Section 69A — Object of this subpart
69A Object of this subpart The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by…
Section 69AA — Object of this Part
69AA Object of this Part The object of this Part is to— (a) provide certain employees with a statutory right to request a variation of their working arrangements if they have the care of any person;…
Section 69AAA — Interpretation
69AAA Interpretation In this Part, unless the context otherwise requires,— mediation means mediation provided under section 144 non-compliance with section 69AAE , except in section 69AAJ , includes…
Section 69OA — Object of this subpart
69OA Object of this subpart The object of this subpart is to provide for the disclosure of employee transfer costs information if— (a) disclosure is sought for the purpose of— (i) deciding whether to…
Section 69AAB — When employee may make request
69AAB When employee may make request (1) An employee may make a request— (a) if the employee satisfies the criteria specified in subsection (2); and (b) subject to the limitation in section 69AAD .…
Section 69B — Interpretation
69B Interpretation In this subpart, unless the context otherwise requires,— agreement means a contract or arrangement contracting in has the meaning set out in section 69C contracting out has the…
Section 69OB — Interpretation
69OB Interpretation (1) In this subpart, employee transfer costs information , in relation to a proposed restructuring,— (a) means information about the employment-related entitlements of the…
Section 69AAC — Requirements relating to request
69AAC Requirements relating to request A request must be in writing and— (a) state— (i) the employee's name; and (ii) the date on which the request is made; and (iii) that the request is made under…
Section 69C — Meaning of contracting in, contracting out, and subsequent contracting
69C Meaning of contracting in, contracting out, and subsequent contracting (1) In this subpart, unless the context otherwise requires, contracting in means a situation where— (a) a person ( person A…
Section 69OC — Disclosure of employee transfer costs information
69OC Disclosure of employee transfer costs information (1) A request for the disclosure of employee transfer costs information may be made if— (a) disclosure is sought for the purpose of— (i)…
Section 69AAD — Limitation on frequency of requests
69AAD Limitation on frequency of requests (1) Subsection (2) applies if an employee has made a request under this Part and his or her employer has approved or refused the request. (2) The employee is…
Section 69D — Meaning of new employer
69D Meaning of new employer (1) In section 69I , new employer ,— (a) in relation to contracting in, means person A in the definition of that term: (b) in relation to contracting out,— (i) means…
Section 69OD — Provision of employee transfer costs information by other persons
69OD Provision of employee transfer costs information by other persons (1) Subsection (2) applies to a person who receives a request for employee transfer costs information under section 69OC(3)(a) .…
Section 69AAE — Employer must notify decision as soon as possible
69AAE Employer must notify decision as soon as possible An employer must deal with a request as soon as possible but not later than 3 months after receiving it and— (a) notify the employee whether…
Section 69E — Examples of contracting in, contracting out, and subsequent contracting
69E Examples of contracting in, contracting out, and subsequent contracting (1) This section contains examples of contracting in, contracting out, and subsequent contracting. (2) Whether, in the…
Section 69OE — Updating disclosure of employee transfer costs information
69OE Updating disclosure of employee transfer costs information (1) This section applies if— (a) employee transfer costs information has been provided under section 69OC or 69OD ; and (b) after the…
Section 69AAF — Grounds for refusal of request by employer
69AAF Grounds for refusal of request by employer (1) An employer may refuse a request only if the employer determines that— (a) the employee is not eligible to make a request under section 69AAB ; or…
Section 69F — Application of this subpart
69F Application of this subpart (1) This subpart applies to an employee if— (a) Schedule 1A applies to the employee; and (b) as a result of a proposed restructuring,— (i) the employee will no longer…
Section 69OF — Employer who is subject to Official Information Act 1982
69OF Employer who is subject to Official Information Act 1982 Nothing in the Official Information Act 1982 (except section 6 ) enables an employer that is subject to that Act to withhold information…
Section 69AAG — Role of Labour Inspector
69AAG Role of Labour Inspector (1) For the purposes of this Part, a Labour Inspector may provide to employees and employers such assistance as he or she considers appropriate in the circumstances.…
Section 69G — Notice of right to make election
69G Notice of right to make election (1) Before a restructuring takes effect, the employer of the employees who will be affected by the restructuring must provide the employees affected with— (a) a…
Section 69OG — Subpart prevails over agreement
69OG Subpart prevails over agreement A contract, agreement, or other arrangement has no force or effect to the extent that it is inconsistent with this subpart. Part 6A (comprising sections 69A to…
Section 69AAH — Labour Inspectors and mediation
69AAH Labour Inspectors and mediation (1) This section applies if an employee believes that his or her employer has not complied with section 69AAE . (2) The employee may refer the non-compliance…
Section 69H — Employee bargaining for alternative arrangements
69H Employee bargaining for alternative arrangements (1) To avoid doubt, an employee may, after his or her employer has complied with section 69G and before deciding whether to elect to transfer to…
Section 69OH — Object of this subpart
69OH Object of this subpart The object of this subpart is to provide protection to employees to whom subpart 1 does not apply if, as a result of a restructuring, their work is to be performed by or…
Section 69AAI — Application to Authority
69AAI Application to Authority (1) This section applies if— (a) an employee believes that his or her employer has not complied with section 69AAE ; and (b) mediation has not resolved the matter. (2)…
Section 69I — Employee may elect to transfer to new employer
69I Employee may elect to transfer to new employer (1) An employee to whom this subpart applies may, before the date provided to the employee under section 69G(1)(b) , elect to transfer to the new…
Section 69OI — Interpretation
69OI Interpretation (1) In this subpart, unless the context otherwise requires,— employee means an employee to whom Schedule 1A does not apply employee protection provision means a provision— (a) the…
Section 69AAJ — Penalty
69AAJ Penalty (1) An employer who does not comply with section 69AAE is liable to a penalty not exceeding $2,000, imposed by the Authority. (2) The penalty is payable to the employee concerned.…
Section 69J — Employment of employee who elects to transfer to new employer treated as continuous
69J Employment of employee who elects to transfer to new employer treated as continuous (1) The employment of an employee who elects to transfer to a new employer is to be treated as continuous,…
Section 69OJ — Collective agreements and individual employment agreements must contain employee protection provision
69OJ Collective agreements and individual employment agreements must contain employee protection provision Every collective agreement and every individual employment agreement must contain an…
Section 69AAK — Limitation on challenging employer
69AAK Limitation on challenging employer An employee may not challenge his or her employer's refusal of a request, or failure to respond to a request, except— (a) if the employee believes his or her…
Section 69K — Terms and conditions of employment of transferring employee under fixed term employment
69K Terms and conditions of employment of transferring employee under fixed term employment (1) This section applies to an employee if— (a) he or she is an employee of— (i) person A in the definition…
Section 69OK — Affected employee may choose whether to transfer to new employer
69OK Affected employee may choose whether to transfer to new employer If an employer, in relation to a restructuring, arranges for an affected employee to transfer to the new employer, the affected…
Section 69AAL — Review of operation of Part after 2 years
69AAL Review of operation of Part after 2 years (1) The Minister must, as soon as is practicable, 2 years after the commencement of the Employment Relations (Flexible Working Arrangements) Amendment…
Section 69L — Agreements excluding entitlements for technical redundancy not affected
69L Agreements excluding entitlements for technical redundancy not affected (1) To avoid doubt, this subpart does not limit or affect any terms and conditions of employment under which the employee's…
Section 69OL — Review of operation of Part after 3 years
69OL Review of operation of Part after 3 years (1) The Minister must, as soon as is practicable, 3 years after the commencement of the Employment Relations Amendment Act 2006 , require a report to be…
Section 69M — New employer becomes party to collective agreement that binds employee electing to transfer
69M New employer becomes party to collective agreement that binds employee electing to transfer (1) This section applies if— (a) an employee who elects to transfer to a new employer is a member of a…
Section 69N — Employee who transfers may bargain for redundancy entitlements with new employer
69N Employee who transfers may bargain for redundancy entitlements with new employer (1) This section applies to an employee if— (a) the employee elects, under section 69I(1) , to transfer to a new…
Section 69O — Authority may investigate bargaining and determine redundancy entitlements
69O Authority may investigate bargaining and determine redundancy entitlements (1) If an employee and his or her new employer fail to agree on redundancy entitlements under section 69N(3) , the…
Section 69P — Interpretation
69P Interpretation In this Part, unless the context otherwise requires,— bargaining fee means an amount payable by an employee to a union under a bargaining fee clause, whether payable as a lump sum…
Section 69Q — Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot
69Q Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot (1) A bargaining fee clause does not come into force unless the clause has—…