New Zealand Repealed Acts

This legislation has been repealed.

FAIR PAY AGREEMENTS ACT 2022 - SECT 185

185 Obligations to provide information relating to proposed variation

1 Within 10 working days of the bargaining sides for a fair pay agreement agreeing to bargain for a proposed variation, the employee bargaining side must provide the employer bargaining side with—

a) the information listed in subsection (6) (the
"information" ); and

b) the email address to which an employer must provide its employees’ contact details under subsection (4) (the
"address" ); and

c) a form, approved and issued by the chief executive under section 284 , that sets out the same information as that listed in section 152(2)(b) .

2 The employer bargaining side—

a) must, within 5 working days of receiving the information, the address, and the form from the employee bargaining side, provide them to each employer that it considers may employ at least 1 covered employee; but

b) must not amend the wording of the information, the address, or the form before providing it to an employer.

3 Each employer that receives the information, the address, and the form—

a) must, within 15 working days of receiving them, provide them to each of its covered employees; but

b) must not amend the wording of the information, the address, or the form before providing them to a covered employee.

4 After providing the information, the address, and the form to its covered employees, each employer must provide, in an electronic format, each covered employee’s contact details to the address provided by the employee bargaining side, except for the contact details of an employee who has elected not to have their details provided.

5 An employer must comply with subsection (4) no earlier than 5 working days after the date on which it provides the information to its covered employees, but no later than 10 working days after that date.

6 The information is—

a) that the employee bargaining side and the employer bargaining side have agreed to bargain for a proposed variation; and

b) how the proposed variation could affect the terms of employment of each covered employee; and

c) that the employee bargaining side represents all covered employees, whether the employee is a member of a union or not; and

d) how each covered employee will be able to participate in the process of bargaining for the proposed variation; and

e) the address to which the employer is required to send the covered employee’s contact details; and

f) where a covered employee can access further relevant information; and

g) who, on the employee bargaining side, a covered employee can contact for further relevant information.

7 An employer who intentionally or recklessly fails to comply with subsection (3), (4), or (5) is liable to a penalty imposed by the Authority not exceeding the applicable amount specified in section 211 .