bargaining and the employment relations act 2000 this training module focuses on key areas of the...
TRANSCRIPT
Bargaining and the Employment Relations Act 2000
This training module focuses on key areas of the law around bargaining and may be helpful as a starting point for you in preparing your team. You may adapt this for your own purposes building in exercises or additional information as required.
It may also be used in conjunction with the module on Productive bargaining which focuses on the behaviour of parties in and four principles for successful advocacy. This is available through this website.
Bargaining under the ERA
Bargaining
Initiation to bargain
Bargaining process arrangement
The collective agreement/negotiations
Settling the agreement
Resolving problems
Initiation to bargain
This notice must be in writing and sets out intended parties to the collective agreement intended coverage clause (work and/or employees) and
is negotiable
The parties to bargaining may include one or more unions with one or more employers, or one or more employers with one or more unions
Employers must inform workers of any notice to initiate bargaining
Bargaining process arrangement
Parties must endeavour to agree a bargaining process arrangement.
You can include advice as to who will be the representativesthe size and composition of the bargaining teamsthe proposed frequency of meetingsthe venue and who will be liable for costscommunications between the partiesthe provision of information and associated costsmanaging disagreements
What is in a collective agreement?
Collective agreements must be in writing and include
a coverage clause
an employee protection clause (if the business is sold, transferred or contracted out)
a clause covering problem resolution services
a variations clause
time and a half on public holidays, and
an expiry date
Good faith (ERA) means parties must be
active and constructive in establishing and maintaining a productive employment relationship
responsive and communicative
use best endeavours to agree on an effective and efficient bargaining process
meet together, consider, and respond to proposals
conclude a collective agreement unless there is a genuine reason based on reasonable grounds not to
respect the role of representatives by not bargaining directly with those for whom the representative acts
Settlement of agreement
The Union must set a ratification process that determines how agreement will be reached by its members (e.g. 50%+1)
An agreement can only be signed after ratification by members
An agreement has no effect unless it is in writing and signed by the parties
A copy of the whole agreement must be available to employees when they meet to ratify it
The parties must send a copy of the agreement to the Chief Executive of the Department of Labour
Managing problems
Parties may use Department of Labour mediators at any stage to assist
Mediation services must be offered before a strike or lock out in an “essential service”
Facilitation by the Employment Relations Authority may be available if there is serious/sustained bad faith that undermines
bargaining, or bargaining is protracted, or there have been proposed or actual strikes/lock outs
For more details
Department of Labour website www.dol.govt.nz
Department of Labour Contact Centre 0800 20 90 20
An employers’ association, union or employment/legal advocate