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New Zealand > Freedom of association, collective bargaining and industrial relations

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Country: New Zealand - Subject: Freedom of association, collective bargaining and industrial relations

  1. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Triangular Employment) Amendment Act 2019 (2019 No 36). - Legislation on-line

    Adoption: 2020-06-27 | NZL-2020-L-110028

    The Employment Relations (Triangular Employment) Amendment Act regulates triangular employment – such as a labour hire model – where someone is employed by one employer, but working under another business or organisation that directs or controls the employee’s day-to-day work (a controlling third party).

    Currently, employees can only bring a personal grievance – such as for harassment or discrimination – against their employer. For people in triangular employment situations, this limits their ability to raise a grievance, as often the actions that lead to them taking a claim are those of the controlling third party they are working with, rather than the person actually employing them.

    The law allows either the employee or the employer to apply to the Employment Relations Authority to join a third party to a personal grievance claim, and for remedies to be apportioned to the responsible parties.

  2. New Zealand - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Employment Relations Authority Amendment Regulations 2020 (2020/107). - Legislation on-line

    Adoption: 2020-06-02 | NZL-2020-R-110023

    1 Title
    2 Commencement
    3 Principal regulations
    4 Regulation 5 amended (Commencement of proceedings)
    5 Regulation 7 amended (Undertaking in relation to application for interim reinstatement)
    6 Regulation 8 amended (Statement in reply)
    7 Regulation 9 amended (Commencement of investigation)
    8 Regulation 9A replaced (Determination as to whether bargaining has concluded) Joining controlling third party to personal grievance
    9A Joining controlling third party to personal grievance
    9 Cross-heading above regulation 13 replaced Lodging documents
    12A How to lodge documents
    10 Regulation 15 amended (Address for service)
    11 Regulation 16 amended (Service of notices and documents)
    12 Schedule 1 amended
    13 Schedule 2 amended

    Schedule
    Forms 4 and 5 of Schedule 1 replaced
    Explanatory note
    Administrative Information

  3. New Zealand - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Employment Relations (Prescribed Matters) Amendment Regulations 2020 (LI 2020/108). - Legislation on-line

    Adoption: 2020-06-02 | NZL-2020-R-110024

    1 Title
    2 Commencement
    3 Principal regulations
    4 Regulation 3 amended (Interpretation)
    5 Form 3 of Schedule replaced
    Schedule
    Form 3 of Schedule replaced
    Explanatory note
    Administrative Information

  4. New Zealand - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Epidemic Preparedness (Employment Relations Act 2000 - Collective Bargaining) Immediate Modification Order 2020 (LI 2020/61). - Legislation on-line

    Adoption: 2020-04-14 | Date of entry into force: 2020-04-16 | NZL-2020-R-110026

    These changes extend timeframes involved in collective bargaining that would otherwise apply, and allow unions to notify an alternative ratification process if the previous ratification process is now impracticable (e.g. in person meetings). It comes into force on 16 April 2020 and is revoked 3 months after the Epidemic Preparedness (COVID-19) Notice 2020 (the Epidemic Notice) expires or is revoked. It modifies restrictions and requirements imposed by the Employment Relations Act 2000 (the Act) that may be impossible or impracticable to comply with during an epidemic.

    The Act has been temporarily changed to:

    - modify the maximum time frames for an employer to notify their employees who are in work and covered by collective bargaining that has been initiated, to exclude the duration of the Epidemic Notice (modifying section 43).
    modify the maximum time frames for an employer to seek consolidation of notices to initiate collective bargaining (40 days), and for unions to respond to an attempted consolidation (30 days), to exclude the duration of the Epidemic Notice (modifying section 50).
    - where collective agreements would have otherwise expired, but are still in force for 12 months after expiry, modify the 12-month period to exclude any period covered by the Epidemic Notice if the 12-month period would otherwise end while the Epidemic Notice is in force or up to three months after it expires or is revoked (modifying section 53).
    - allow the union to notify the other intended party or parties to a collective agreement of a new ratification procedure to ratify the collective agreement (e.g., online balloting, videoconferencing or teleconferencing) if a union has committed at the outset of collective bargaining to a ratification procedure that is no longer practicable (e.g. in-person ratification meetings) (modifying section 51).

  5. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations Amendment Act 2015 (2015 No 73). - Legislation on-line

    Adoption: 2015-09-04 | NZL-2015-L-100547

  6. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations Amendment Act 2014 (2014 No 61). - Statutes of New Zealand

    Adoption: 2014-11-06 | NZL-2014-L-97375

    This Act makes a number of amendments to the Principal Act including with respect to new giving employees the possibility to request changes to their working hours, the negotiation of work breaks to meet work flows, provisions to protect vulnerable workers, measures to speed up the resolution of industrial disputes in the Employment Relations Authority as well as providing a series of changes to collective bargaining, which includes the right to walk away from negotiations.

  7. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 (2012 No 37). - Statutes of New Zealand

    Adoption: 2012-05-14 | NZL-2012-L-91132

    Amends the Employment Relations Act 2000. The purpose of this Act is to require unions to hold a secret ballot vote of their members to approve a strike before undertaking any strike action.

  8. New Zealand - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Employment Relations Authority Amendment Regulations 2004 (SR 2004/423). - New Zealand Statutes

    Adoption: 2004 | Date of entry into force: 2004-12-10 | NZL-2004-R-77082

    These regulations provide the procedural rules for the service overseas of documents in proceedings before the Employment Relations Authority.

  9. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations Act 2000 (2000, No. 24). - Legislation on-line

    Adoption: 2000-08-19 | Date of entry into force: 2000-10-02 | NZL-2000-L-57324

    Comprehensive legislation on employment relations. Part III deals with freedom of association; Part IV with recognition and operation of unions, including registration of unions, union's rights to represent members, access to workplaces, union meetings, and registrar of unions; Part V with collective bargaining and collective agreements; Part VI with individual employees' terms and conditions of employment; Part VII with employment relations and education leave; Part VIII with strikes, lockouts, and essential services; Part IX with personal grievances, disputes and enforcement (including racial and sexual harassment); and Part X with institutions such as mediation services, Employment Relations Authority, and Employment Court.

  10. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Prescribed Matters) Regulations 2000 (SR 2000/185). - Statutes of New Zealand

    Adoption: 2000 | Date of entry into force: 2000-10-02 | NZL-2000-L-77083

    These regulations prescribe, for the purposes of the Employment Relations Act 2000, forms relating to the following matters: an application for an incorporated society to register as a union; a certificate of registration of an incorporated society as a union; a record of a strike or lockout; the demand notice that may be served on an employer by a Labour Inspector (or person authorised by a Labour Inspector) in any case where wages or holiday pay or other money payable by the employer under the Minimum Wage Act 1983 or the Holidays Act 1981 has not been paid to an employee.

  11. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Disputes Tribunals Amendment Act 1995 (No. 8 of 1995)

    Adoption: 1995-03-30 | NZL-1995-L-40211

    Amends section 60(2) by inserting a new paragraph (a) reading "The giving of evidence to Tribunals, including the giving of evidence from a distance (For example by video link or telephone conference):".

  12. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Area Health Boards Amendment Act 1988. No. 21.

    Adoption: 1988-03-30 | NZL-1988-L-6513

    Amends the principal Act of 1983 by providing, inter alia, for compulsory arbitration and agreement not to strike or lock out (ss. 39ZA and 39ZB). States that except as otherwise provided, the Labour Relations Act 1987 (LS 1987 - NZ 1) shall apply to area health boards (s. 39X).

  13. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    State-Owned Enterprises Amendment Act (No. 2) 1988. No. 23.

    Adoption: 1988-03-30 | NZL-1988-L-6515

    Amends the State-Owned Enterprises Act 1986 by providing that, except as otherwise provided, the Labour Relations Act 1987 (LS 1987 - NZ 1) shall apply in relation to every state enterprise.

  14. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Accident Compensation Amendment Act 1988. No. 31.

    Adoption: 1988-03-30 | NZL-1988-L-6517

    Introduces new ss. 15A (application of State Sector Act 1988), 15B (general principles) and 15C (equal employment opportunities). Repeals, inter alia, s. 325 of the Labour Relations Act 1987 (LS 1987 - NZ 1).

  15. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Universities Amendment Act 1988. No. 32.

    Adoption: 1988-03-30 | NZL-1988-L-6518

    Inserts new ss. 11AA (method of prescribing conditions of employment), 11AB (compulsory arbitration and agreement not to strike or lock out), 11AC (contravention of agreement not to strike or lock out), 11AD (general principles) and 11AE (equal employment opportunities).

  16. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Labour Relations Amendment Act 1988. No. 27.

    Adoption: 1988-03-30 | NZL-1988-L-6722

    In the Labour Relations Act 1987 (LS 1987 - NZ 1), amends inter alia, ss. 2 (definitions), 121(1) (Tripartite Wage Conference), 196A (restriction on right of entry for enforcement purposes), 207(1) (power to order compliance), 280(1) (Labour Court jurisdiction), various sections in relation to extension of awards, and the Eighth Schedule regarding essential services.

  17. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Societies Amendment Act 1987. No. 145.

    Adoption: 1987-07-10 | NZL-1987-L-4561

    Amends the Industrial Societies Act 1908, as amended, in regard to incorporation of such societies and repeals other amendment Acts.

  18. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Labour Relations Act 1987. No. 77.

    Adoption: 1987-05-27 | NZL-1987-L-3439

    This Act (LS 1987 - NZ 1) completely recasts the law relating to labour relations. The new legislation governs the registration of unions and employers organisations, their affairs, union membership and elections, negotiations, enforcement of awards and agreements, disputes, personal grievances, strikes and lockouts. It repeals the Industrial Relations Act 1973 (LS 1973 - NZ 1; 1976 - NZ 1A and 1B), amendments thereto, and the Aircrew Industrial Tribunal Act 1971, as amended. It also amends a series of Acts, including ss. 2 and 28 to 31 of the Union Representatives Education Leave Act 1986 (LS 1986 - NZ 1).

  19. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Agricultural Workers Amendment Act 1987. No. 78.

    Adoption: 1987-05-27 | NZL-1987-L-3558

    These amendments to the Agricultural Workers Act 1977 (LS 1977 - NZ 1) repeal its Parts II (classes of agricultural workers), III (agricultural tribunal) and IV (settlement of disputes), along with its First Schedule. Henceforth, those matters are to be dealt with under the Industrial Relations Act 1987 (No. 77). This amendment Act also repeals s. 9 of the Agricultural Workers Act, ss. 2, 3 and 5 of, and the Schedule to, the Agricultural Workers Amendment Act 1977, and the Agricultural Workers Amendments Acts of 1979, 1980, 1982, 1984 and 1985. It also revokes the Industrial Relations Amendment Act Commencement Order 1978 (S.R. 1978/99) and the Agricultural Workers (Workers' Organisation Membership) Regulation 1985 (S.R. 1985/155). Finally, the amendments revise s. 2 (definition of "worker" and "employer") and ss. 6(l)(f), 59 and 60 (minor changes) of the Agricultural Workers Act.

  20. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Fire Services Amendment Act (No. 2) 1987. No. 79.

    Adoption: 1987-05-27 | NZL-1987-L-4267

    Contains amendments to the Fire Service Act 1975 and the State Services Conditions of Employment Act 1977 occasioned by the enactment of the Labour Relations Act 1987 (LS 1987 - NZ 1). The amendments deal in particular with union elections, membership clauses and jurisdiction of the Labour Court.

  21. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    New Zealand Railways Corporation Amendment Act 1987. No. 80.

    Adoption: 1987-05-27 | NZL-1987-L-4268

    Amends the New Zealand Railway Corporation Act 1981 by defining the extent to which the Labour Relations Act 1987 (LS 1987 - NZ 1] shall apply to the Corporation and its employees (amends ss. 2, 17, 68, 70, 74B, 74H, 74I and 74L to 74R).

  22. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Union Representatives Education Leave Act 1986. No. 35 [LS 1986 - NZ 1].

    Adoption: 1986-07-25 | NZL-1986-L-2722

    This Act provides for authorised union representatives to be granted leave with pay by their employers in order to attend approved union education courses. Part I governs entitlements to leave, administrative arrangements and the granting of leave. The Act guarantees continuity of employment and of contributions to superannuation schemes for workers taking education leave (ss. 26 and 27). It also protects against use of undue influence (s. 29) and dismissal while on leave (s. 31). Part II of the Act establishes the Trade Union Education Authority whose functions include promoting and co-ordinating union education, approving courses, producing teaching materials, making recommendations to the Government, and co-operating, where appropriate, with the ILO and other international authorities and union organisations. Under s. 69 of the Act, the Trade Union Training Board established under the Vocational Training Council Act 1968 (LS 1968 - NZ 1) is dissolved. (Note: this Act was amended by the Labour Relations Act 1987 (No. 77).)

  23. New Zealand - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Industrial Relations Regulations 1974, Amendment No.5.

    Adoption: 1985-12-02 | NZL-1985-R-2028

    Regulations concerning notice of appeal against decision of Union Membership Exemption Tribunal, related proceedings and, generally, matters related to such appeals (LS 1973 - NZ 1, 1976 - NZ 1A, 1B). (Note: These Regulations were abrogated by the Labour Relations Act 1987 (No. 77).

  24. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act (No. 2) 1985. No. 138 of 1985.

    Adoption: 1985-10-29 | NZL-1985-L-2027

    Amendment of sections on salaries and allowances of Judges of Arbitration Courts, appointment of temporary judges, industrial conciliation service remuneration and remuneration of industrial mediation service under the Industrial Relations Act 1973 (LS 1973 - NZ 1, 1976 - NZ 1A, 1B). (Note: this 1985 Amendment Act was repealed by the Labour Relations Act 1987 (No. 77).

  25. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    New Zealand Railways Corporation Amendment Act 1985. No. 105.

    Adoption: 1985-06-18 | NZL-1985-L-2764

  26. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Fire Service Amendment Act 1985. No. 106.

    Adoption: 1985-06-18 | NZL-1985-L-2765

  27. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Post Office Amendment Act (No. 2) 1985. No. 104.

    Adoption: 1985-06-18 | NZL-1985-L-2766

  28. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Waterfront Industry Amendment Act 1985. No. 110.

    Adoption: 1985-06-18 | NZL-1985-L-2768

  29. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Aircrew Industrial Tribunal Amendment Act 1985. No. 108.

    Adoption: 1985-06-18 | NZL-1985-L-5016

  30. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act 1985. No. 101.

    Adoption: 1985-06-18 | NZL-1985-L-5026

  31. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act 1984.

    Adoption: 1984-12-06 | NZL-1984-L-1178

    An Act to amend the Industrial Relations Act 1973 [LS 1973 - NZ 1, 1976 - NZ 1]. No. 12. Inserts, after Part II, a new Part IIA (Tripartite Wage Conference).

  32. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Aircrew Industrial Tribunal Amendment Act 1984.

    Adoption: 1984-12-06 | NZL-1984-L-1180

    An Act to amend the Aircrew Industrial Tribunal Act 1971. No. 14. Inserts, after s. 39, a new s. 39A (Tribunal).

  33. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Waterfront Industry Amendment Act 1984.

    Adoption: 1984-12-06 | NZL-1984-L-1181

    An Act to amend the Waterfront Industry Act 1976. No. 15. Inter alia, inserts after s. 15A a new s. 15B (Tribunal).

  34. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act 1983.

    Adoption: 1983-12-16 | NZL-1983-L-173

    An Act to amend the Industrial Relations Act 1973 [LS 1973 - NZ 1, 1976 - NZ 1A and B]. No. 105. Inter alia, repeals ss. 98A to 112A, replacing them by new ss. 99 to 104 (voluntary union membership, discrimination, strikes and lockouts in respect of union membership, right of workers to join unions); repeals ss. 86(2), 141A and 146A of the principal Act and ss. 13 to 17 and 24 to 26 of the Industrial Relations Amendment Act (No. 2) 1976; inserts new ss. 117A to 117F (grievance procedure).

  35. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Aircrew Industrial Tribunal Amendment Act 1983.

    Adoption: 1983-12-16 | NZL-1983-L-204

    An Act to amend the Aircrew Industrial Tribunal Act 1971. No. 107. Amendments concerning voluntary union membership, discrimination, strikes and lockouts in respect of union membership, appeal, grievance procedures.

  36. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Railways Corporation Amendment Act 1983.

    Adoption: 1983-12-16 | NZL-1983-L-206

    An Act to amend the New Zealand Railways Corporation Act 1981. No. 110. Amendments concerning voluntary union membership, discrimination, strikes and lockouts in respect of union membership, appeals.

  37. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Post Office Amendment Act 1983.

    Adoption: 1983-12-16 | NZL-1983-L-207

    An Act to amend the Post Office Act 1959. No. 111. Amendments concerning voluntary union membership, discrimination, strikes and lockouts in respect of union membership, appeals.

  38. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act 1982.

    Adoption: 1982-12-17 | NZL-1982-L-10185

    An Act to amend the Industrial Relations Act 1973 [LS 1973-NZ 1, 1976-NZ 1]. No. 180.

  39. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act 1981.

    Adoption: 1981-10-23 | NZL-1981-L-11359

    An Act to amend the Industrial Relations Act 1973 [LS 1973 - NZ 1, 1976-NZ 1]. No. 131. Numerous amendments.

  40. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act 1977.

    Adoption: 1977-12-21 | NZL-1977-L-13338

    An Act to amend the Industrial Relations Act 1973 [LS 1973-NZ 1]. No. 108.

  41. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Agricultural Workers Act 1977 [Repealed].

    Adoption: 1977-10-19 | NZL-1977-L-13335

    An Act to provide for the improvement of industrial relations between agricultural workers and their employers and to consolidate and amend the law relating to the employment, and the safety, health, welfare, and accommodation of agricultural workers. No. 43.

  42. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations amendment Act (No.2) 1976.

    Adoption: 1976-11-25 | NZL-1976-L-13886

    An Act to amend the Industrial Relations Act 1973. No. 63.

  43. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Amendment Act 1976.

    Adoption: 1976-08-18 | NZL-1976-L-13879

    An Act to amend the Industrial Relations Act 1973. No. 7.

  44. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Order in Council: Industrial Relations Regulations 1974, under the Industrial Relations Act 1973 [No. 19 of 1973].

    Adoption: 1974-03-04 | NZL-1974-L-15440

    Covers, inter alia, labour courts, conciliation and arbitration and trade unions.

  45. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Relations Act l973.

    Adoption: 1973-09-14 | NZL-1973-L-15763

    An Act to make provision for improving industrial relations and to consolidate and amend the industrial Conciliation and Arbitration Act l954, the Labour Disputes Investigation Act l913 and the Industrial relations Act l949. No. 19.

  46. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Minors' Contracts Amendment Act 1971.

    Adoption: 1971-12-08 | NZL-1971-L-17308

    An Act to amend the Minors' Contracts Act 1969. No. III. Replaces s. 6 (2) (conciliation and arbitration in connection with contracts by minors below the age of 18).


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