New Zealand Repealed Acts New Zealand Repealed ActsThis legislation has been repealed.
- As at 20 December 2023
- Act 58 of 2022
TABLE OF PROVISIONS
1. Title
2. Commencement
PART 1 - Preliminary provisions
3. Purpose
4. Overview of Act
5. Interpretation
6. Transitional, savings, and related provisions
7. Act binds the Crown
8. No contracting out
PART 2 - General principles and obligations
9. Object of this Part
SUBPART 1 - Freedom of association
10. Voluntary membership of union or employer association
11. Only employee bargaining party may represent covered employees’ interests
12. Only employer bargaining party may represent covered employers’ interests
13. Prohibition on preference: employees
14. Prohibition on preference: employers
15. Fair pay agreements, contracts, agreements, or other arrangements inconsistent with section 13 or 14
16. Undue influence
SUBPART 2 - Duty of good faith
17. Duty of good faith
18. Good faith obligations between bargaining parties on same bargaining side
19. Good faith obligations between bargaining parties on different bargaining sides
20. Further application of duty of good faith
21. Penalty for breach of duty of good faith
SUBPART 3 - General obligations
22. Engaging employee under contract for services
23. Obligations imposed on bargaining sides
24. Strikes and lockouts
PART 3 - Preliminary requirements: initiating bargaining and forming bargaining sides
25. Overview
SUBPART 1 - Process for initiating bargaining and forming bargaining sides
26. Limit on initiating bargaining
27. Criteria for union to initiate bargaining for proposed FPA
28. Test for initiating bargaining: representation test
29. Test for initiating bargaining: public interest test
30. Application for approval for union to initiate bargaining
31. Evidence provided in support of application
32. Coverage of proposed FPA
33. Chief executive must assess application for approval to initiate bargaining
34. Time frame for chief executive
35. Chief executive may require applicant to provide further information
36. Chief executive may invite submissions when considering application
37. Chief executive to publicly notify decision
38. Formation of employee bargaining side
39. Initiating union to notify unions and employers of approval to initiate bargaining
40. Employer to notify employees and unions of bargaining being initiated
41. Union to notify employers of bargaining being initiated
42. Employer to provide employee contact details to employee bargaining side
43. Employer association may apply to be employer bargaining party
44. Chief executive to assess application for approval to be employer bargaining party
45. Chief executive must notify decision to approve employer bargaining party
46. Formation of employer bargaining side for proposed FPA
47. Other union may apply for approval to be additional employee bargaining party on employee bargaining side
48. Application for approval for union to be additional employee bargaining party
49. Chief executive to assess application for approval to be additional employee bargaining party
50. Chief executive to notify decision on application for approval to be additional employee bargaining party
SUBPART 2 - General provisions for initiating bargaining
51. Notification of bargaining parties
52. Employee bargaining side
53. Employer bargaining side
54. Requirements for each bargaining side
55. Inter-party side agreement
56. When bargaining party subsequently joins bargaining side
PART 4 - Specified employer bargaining parties and default bargaining parties
SUBPART Subpart 1 - Specified employer bargaining parties
57. Interpretation
58. Public Service Commissioner
59. Specified State employers
60. Options for specified State employer
61. Other specified State employers
62. Specified employer bargaining parties
63. Specified employer bargaining party to notify chief executive
64. Chief executive must publicly notify if specified employer bargaining party is employer bargaining party
SUBPART 2 - Default bargaining parties
65. Overview: when default bargaining party may elect to be bargaining party
66. Limit on employer default bargaining party electing to be bargaining party
67. Chief executive’s notification: bargaining side not formed
68. Chief executive’s notification: all bargaining parties on bargaining side cease to be bargaining parties
69. Default bargaining party elects to be bargaining party
70. Employer default bargaining party for proposed agreement
71. Employee default bargaining party for proposed renewal or proposed replacement
72. Default bargaining parties when bargaining for proposed agreement initiated by employee bargaining party
73. Default bargaining parties when bargaining for proposed renewal or proposed replacement initiated by employer bargaining party
74. Default bargaining parties when bargaining for proposed renewal or proposed replacement initiated by specified employer bargaining party
75. Default bargaining party ceases to be bargaining party
76. Default bargaining party may initiate bargaining for proposed variation
77. Default bargaining party may withdraw from bargaining for proposed variation
SUBPART 3 - Consequences of default bargaining party not electing to be bargaining party
78. Default bargaining party does not elect to be bargaining party
79. Default bargaining party does not elect to be bargaining party when bargaining initiated by specified employer bargaining party
80. Bargaining discontinued if bargaining party does not apply for determination
81. Chief executive to publicly notify that bargaining has been discontinued
82. Subsequent period when bargaining side may be formed
PART 5 - FPA meetings and union access to workplaces
SUBPART 1 - FPA meetings
83. Requirements for arranging FPA meeting
84. Entitlement to attend FPA meetings
85. Payment for attending FPA meeting
86. Entitlement to attend additional FPA meeting
SUBPART 2 - Employee bargaining party may access workplaces
87. Workplace does not include dwellinghouse
88. Access to workplaces
89. Conditions relating to access
90. When access to workplaces may be denied
91. When access to workplaces may be denied on religious grounds
92. Duties in relation to accessing workplace
PART 6 - Bargaining
SUBPART 1 - Good faith obligation to provide information
93. Providing information when bargaining
94. Bargaining side must provide requested information to requester or independent reviewer
95. Limits on use of information provided during bargaining
SUBPART 2 - Representation
96. Entitlement and obligation to represent covered employees
97. Obligation to ensure representation of Māori employees
98. Union may provide members’ views to employee bargaining side
99. Entitlement and obligation to represent covered employers
100. Obligation to ensure representation of Māori employers
SUBPART 3 - Ceasing to be bargaining party
101. When bargaining party ceases to be bargaining party
102. Bargaining party may apply to cease being bargaining party
103. Bargaining party ceases to be eligible
104. Appointment of new bargaining side lead advocate
SUBPART 4 - Provision of information
105. Modification to requirement to provide employees’ contact details
106. Employee bargaining side must update contact address
107. Provision of information: coverage changes or new employers identified
108. Provision of information: new employees within coverage
SUBPART 5 - Coverage change, coverage overlap, consolidation, and addition of occupation
109. Bargaining party must apply for approval to bargain with changed coverage
110. Chief executive must assess application made under section 109
111. Chief executive to publicly notify changed coverage
112. Application of sections 113 and 114
113. Chief executive must notify initiating party of coverage overlap
114. Consequences of coverage overlap
115. Application of sections 116 to 120
116. When bargaining for fair pay agreements is consolidated
117. Chief executive to notify parties
118. Effect of decision to consolidate
119. Bargaining party may request negotiation of inter-party side agreement
120. Effect of decision not to consolidate
121. Proposed FPA that adds occupation to fair pay agreement
122. Chief executive to notify parties of existing fair pay agreement
PART 7 - Content of fair pay agreements
123. Mandatory content for each fair pay agreement
124. Mandatory content: details of wages
125. Topics that bargaining sides must discuss
126. Limit on what fair pay agreement may include
127. Minimum entitlement provisions
128. How minimum entitlement provisions must be expressed
129. How minimum entitlement provisions relate to other legislation
130. Minimum wage exemption permits
131. Differing minimum base wage rates
132. Differing minimum base wage rates: starting-out rate
133. Differing minimum base wage rates: training rate
134. Fair pay agreement may include differentiation
135. Fair pay agreement may include district variation for some provisions
136. Application of fair pay agreement with district variation
137. Permitted differentiation in minimum entitlement provision
138. Prohibited differentiation
139. When delayed commencement can be considered
140. Topics to which delayed commencement can relate
141. Delayed commencement provision
PART 8 - Finalisation of proposed agreement
142. Overview
SUBPART 1 - Compliance assessment
143. Bargaining sides to submit proposed agreement for compliance assessment
144. Authority to assess proposed agreement for compliance
145. Consequences if Authority does not approve proposed agreement
146. Authority to assess whether coverage overlap exists
147. Time frame for Authority to assess proposed agreement
148. Time frame for Authority to determine which agreement provides better terms overall
149. How Authority determines which agreement provides better terms overall
150. Consequences of Authority’s determination
SUBPART 2 - Ratification
151. Approved proposed agreement to be ratified
152. Provision of information prior to ratification
153. Time frame for holding ratification vote
154. Bargaining sides to notify of ratification vote
155. Entitlement to vote in ratification vote
156. Ratification process
157. Notification of outcome of ratification vote
158. Obligation to keep records of ratification
SUBPART 3 - Verification
159. Bargaining sides must submit evidence of ratification for verification
160. Chief executive to verify ratification
161. Consequences if chief executive declines to verify ratification
162. Penalty for providing inaccurate information
SUBPART 4 - Chief executive to check for overlapping coverage
163. Chief executive to check whether coverage overlap exists
164. Consequences if coverage overlap may exist
165. Authority to make determinations relating to coverage overlap
166. Consequences of Authority’s determination: proposed agreement provides better terms overall
167. Consequences of Authority’s determination: fair pay agreement provides better terms overall
SUBPART 5 - Issuing fair pay agreement notice
168. Chief executive to issue fair pay agreement notice
169. Form and content of notice
170. Notification to bargaining sides
171. Chief executive may make editorial changes
172. Application of notice and fair pay agreement
173. Threshold to be covered employee for fair pay agreement
174. Obligation to comply with fair pay agreement
175. Effect of fair pay agreement on employment agreements
176. Relationship between fair pay agreements and collective agreements
PART 9 - Variation, renewal, and replacement of fair pay agreements
SUBPART 1 - Variation
177. Application
178. Who may propose agreement to bargain for proposed variation
179. Agreement required before bargaining for proposed variation may start
180. Notification requirements relating to agreement to bargain for proposed variation
181. Ability to join bargaining side during bargaining for proposed variation
182. Limitations on requesting variations
183. Notice to employers of agreement to bargain for proposed variation
184. Employee bargaining side must update contact address
185. Obligations to provide information relating to proposed variation
186. Employer must provide information to new employee
187. Employer bargaining side must provide information to new employer
188. Procedure for finalising variation
189. Process for ratifying proposed variation
190. Further requirements for ratifying proposed variation
191. Ratification of proposed variation to agreement attached as schedule
192. Chief executive to issue notice to vary fair pay agreement
193. Form and content of notice to vary fair pay agreement
194. Bargaining sides may seek recommendation from Authority
195. Bargaining sides may not seek determination in relation to proposed variation
SUBPART 2 - Renewal and replacement of fair pay agreements
196. Purpose of this subpart
197. Approval required to bargain to renew or replace fair pay agreement
198. When application to renew fair pay agreement may be made
199. Application for approval to bargain for replacement fair pay agreement
200. Effect on expiry date of approval to bargain for renewal
201. Commencement of renewed or replacement agreement
202. Coverage of renewed or replaced fair pay agreement
203. Contents of application to renew or replace fair pay agreement
204. Evidence provided in support of application from eligible employer association or specified employer bargaining party
205. Test for initiating bargaining to renew or replace fair pay agreement
206. Chief executive to assess application for approval to renew or replace fair pay agreement
207. Chief executive must notify bargaining parties of approval to bargain for proposed renewal or proposed replacement
208. Notification of bargaining for proposed renewal or proposed replacement
209. Formation of employer bargaining side for proposed renewal or proposed replacement
210. Formation of employee bargaining side for proposed renewal or proposed replacement
PART 10 - Penalties and enforcement
211. Penalty for non-compliance with obligation when bargaining
212. Penalty for non-compliance with obligation when fair pay agreement in force
213. Jurisdiction concerning penalties
214. Priority when overlapping jurisdiction
215. Matters Authority and court must have regard to in determining amount of penalty
216. Recovery of penalties
217. Chief executive or Labour Inspector may enforce payment of penalty
218. Application of penalties recovered
PART 11 - Institutions
SUBPART 1 - Mediation services
219. Mediation services
220. Application of provisions in Employment Relations Act 2000
221. Other mediation services
SUBPART 2 - Bargaining support services
222. Bargaining support services
223. Access to bargaining support services
224. Provision of bargaining support services
225. Application of provisions in Employment Relations Act 2000
226. Other bargaining support services
SUBPART 3 - Employment Relations Authority
227. Role of Authority
228. Jurisdiction of Authority
229. Parties may apply to Authority for determination
230. Determination relating to topic that bargaining sides must consider for inclusion
231. Recommendations on terms of proposed agreement
232. Authority must direct use of mediation before making determination or recommendation
233. Limitations on issues relating to coverage
234. Authority may fix terms of proposed agreement
235. Terms that Authority may fix
236. Considerations when Authority recommends or fixes terms
237. Limits on Authority fixing terms
238. Effect of Authority fixing terms
239. Membership of Authority when fixing terms of fair pay agreement
240. Panel member not permitted to hear disputes about same fair pay agreement
241. Decision of Authority
242. Obligation not to obstruct or delay Authority
243. Application of Employment Relations Act 2000
PART 12 - Determinations in absence of bargaining side
244. Bargaining party may apply to Authority for determination
245. Application for determination
246. Joint applicants and other parties to application for determination
247. Notification requirements: employee bargaining side
248. Notification requirements: employer bargaining side
249. Notification requirements: employers
250. Restriction on applying for determination: subsequent formation of bargaining side
251. Restriction on applying for determination: bargaining initiated for another proposed agreement
252. Authority must make determination
253. Terms that Authority must fix when making determination
254. Terms that Authority may fix when making determination
255. Terms that Authority must not fix when making determination
256. Provisions that apply to determination under this Part
257. Consolidation when Authority making 2 determinations
258. Effect of decision whether to consolidate
259. Provisions that apply during determination process
260. Requirement to provide information
261. Personal information
262. Requirements for arranging FPA meetings
263. Entitlement to attend FPA meetings
264. Payment for attending FPA meeting
265. Access to workplaces
PART 13 - Miscellaneous provisions
266. Meaning of document
267. Representation of individuals
268. Representation of bargaining parties
269. Record when minimum entitlement provision has district variation
270. Record when agreement includes penalty rate or overtime rate
271. How records must be kept
272. Use of employee contact details by initiating union or employee bargaining party
273. Storage of employee contact details
274. Personal information
275. Chief executive may collect personal information
276. Employee or employer may apply for coverage determination
277. Labour Inspector may determine whether employee is covered employee under fair pay agreement
278. Actions by Labour Inspector
279. Effect of coverage determination
280. Appeal against coverage determination
281. Extended powers of Labour Inspectors
282. Extent of Labour Inspectors’ powers
283. Power to make regulations
284. Chief executive may approve forms
285. Consequential amendments
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4