New Zealand Repealed Acts

This legislation has been repealed.

FAIR PAY AGREEMENTS ACT 2022 - SECT 152

152 Provision of information prior to ratification

1 No later than 5 working days after the Authority has approved a proposed agreement under section 144 or 5 working days after the Authority has notified the bargaining sides of its determination under section 148 ,—

a) the employee bargaining side must use its best endeavours to notify all covered employees (other than employees who have elected, in accordance with section 39(2)(d)(ii) , not to have their contact details provided to the initiating union) that a ratification vote will soon be held; and

b) the employer bargaining side must use its best endeavours to notify all covered employers that a ratification vote will soon be held.

2 No later than 15 working days after being notified under subsection (1)(b), each covered employer must—

a) advise each of its covered employees—

i) that a ratification vote for the proposed agreement will soon be held; and

ii) that a previous election not to have their contact details provided to the employee bargaining side does not apply for the purposes of this section; and

iii) that the employee may, within 5 working days of being advised, elect not to have their details provided under this section by completing and returning the form provided by the employer under paragraph (b); and

iv) of the name and contact details of the initiating union or the name and updated contact address of the employee bargaining side if provided to the employer under section 106 ; and

b) provide a form approved and issued by the chief executive under section 284 that sets out the following information:

i) that an employer is required to provide contact details for each of the employer’s covered employees to the employee bargaining side, unless the employee elects not to have their contact details provided; and

ii) the process by which an employee who does not want their contact details to be provided to the employee bargaining side can elect not to have their contact details provided; and

iii) the reason for providing the employee’s contact details to the employee bargaining side; and

iv) an explanation of to whom the employee bargaining side is able to provide the employee’s contact details; and

v) an explanation of the purposes for which the employee’s contact details may be used; and

vi) the consequences of the employee electing not to have their contact details provided; and

vii) how an employee who has elected not to have their contact details provided can rescind that election so that the employer must provide the employee’s contact details to the employee bargaining side; and

viii) how to determine whether the employee is entitled to vote in the ratification vote.

3 The employer must provide the contact details of each of its covered employees to the email address provided by the employee bargaining side, except for the details for those employees who, after receiving the form required under subsection (2)(b), have elected not to have their contact details provided.

4 The employer must provide the contact details to the employee bargaining side—

a) in an electronic format; and

b) no later than 10 working days after the date on which the employer complies with subsection (2).

5 At least 5 working days before the covered employees and covered employers vote whether to ratify a proposed agreement,—

a) the employee bargaining side must ensure that all covered employees for whom the bargaining side has contact details have access to—

i) a copy of the proposed agreement; and

ii) a plain language summary of the proposed agreement; and

b) the employer bargaining side must ensure that all covered employers that the bargaining side is aware of have access to—

i) a copy of the proposed agreement; and

ii) a plain language summary of the proposed agreement.

6 An employer who intentionally or recklessly fails to comply with subsection (2), (3), or (4) is liable to a penalty imposed by the Authority not exceeding the applicable amount specified in section 211 .