New Zealand Repealed Acts

This legislation has been repealed.

FAIR PAY AGREEMENTS ACT 2022 - SECT 120

120 Effect of decision not to consolidate

1 If the bargaining sides for the first proposed agreement decide not to consolidate bargaining for the 2 proposed agreements (see section 116(1)(b) ),—

a) the bargaining sides for the second proposed agreement must bargain for the second proposed agreement separately from the bargaining for the first proposed agreement; and

b) the chief executive—

i) must not verify the later of the 2 proposed agreements to be submitted under section 159 as a stand-alone fair pay agreement; but

ii) may verify the later proposed FPA, and validate it under section 168 , in the form of an amendment that adds the later proposed FPA as a schedule of the fair pay agreement that is submitted for verification first.

2 Before validating a later proposed FPA as a schedule of an earlier fair pay agreement, the chief executive must—

a) check the proposed FPA for coverage overlap in accordance with section 163 ; and

b) be satisfied that the later proposed FPA—

i) meets all of the requirements for a fair pay agreement; and

ii) does not alter the terms of the fair pay agreement of which it is a schedule; and

iii) has the same expiry date as the fair pay agreement of which it is a schedule.

3 For the purposes of subsection (2)(b)(i), the chief executive may be satisfied that a later proposed FPA meets all of the requirements for a fair pay agreement despite it applying, contrary to section 123(2)(a) , for a period that is less than 3 years (as a result of complying with subsection (2)(b)(iii)).

4 If the chief executive is not satisfied that the later proposed FPA meets the requirements set out in subsection (2)(b), the chief executive must, by written notice, advise the bargaining sides for the later proposed FPA of the reasons for not being satisfied.