1 Title - This Act is the Employment Relations Act 2000
2 Commencement - This Act comes into force on 2nd October 2000

3 Object of this Act

Good faith employment relations
4 Parties to employment relationship to deal with each other in good faith

Interpretation
5 Interpretation
6 Meaning of employee

7 - Object of this Part
8 - Voluntary membership of unions
9 - Prohibition on preference
10 - Contracts agreements or other arrangements inconsistent with section 8 or section 9
11 - Undue influence

12 - Object of this Part

Registration of unions and related matters
13 - Application by society to register as union
14 - When society entitled to be registered as union
15 - Registration of society as union
16 - Annual return of members
17 - Cancellation of union's registration

Union's right to represent members
18 - Union entitled to represent members' interests

Access to workplaces
19 - Workplace does not include dwellinghouse
20 - Access to workplaces
21 - Conditions relating to access to workplaces
22 - When access to workplaces may be denied
23 - When access to workplaces may be denied on religious grounds
24 - Issue of certificate of exemption
25 - Penalty for certain acts in relation to entering workplace

Union meetings
26 - Union meetings

Registrar of Unions
27 - Registrar of Unions
28 - Registrar of Unions may seek directions of Authority
29 - Persons who have standing in proceedings relating to unions
30 - Offence to mislead Registrar

31 - Object of this Part

Good faith
32 - Good faith in bargaining for collective agreement
33 - Duty of good faith does not require concluded collective agreement
34 - Providing information in bargaining for collective agreement

Codes of good faith
35 - Codes of good faith
36 - Appointment of committee to recommend codes of good faith
37 - Minister may approve code of good faith not recommended by committee
38 - Amendment and revocation of code of good faith
39 - Authority or Court may have regard to code of good faith

Bargaining
40 - Who may initiate bargaining
41 - When bargaining may be initiated
42 - How bargaining initiated
43 - Employees' attention to be drawn to initiation of bargaining
44 - When bargaining initiated
45 - One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
46 - Terms of question for secret ballot
47 - When secret ballots required after employer initiates bargaining for single collective agreement
48 - When requirement for secret ballot does not apply
49 - Parties joining bargaining after it begins
50 - Consolidation of bargaining

Collective agreements
51 - Ratification of collective agreement
52 - When collective agreement comes into force and expires
53 - Continuation of collective agreement after specified expiry date
54 - Form and content of collective agreement
55 - Deduction of union fees
56 - Application of collective agreement
57 - Employee bound by only 1 collective agreement in respect of same work
58 - Employee who resigns as member of union but does not resign as employee
59 - Copy of collective agreement to be delivered to chief executive

60 - Object of this Part
61 - Employee bound by applicable collective agreement may agree to additional terms and conditions of employment
62 - Employer's obligations in respect of new employee who is not member of union
63 - Terms and conditions of employment of new employee who is not member of union
64 - Opportunity to seek advice for new employee where no collective agreement applies
65 - Terms and conditions of employment where no collective agreement applies
66 - Fixed term employment
67 - Probationary arrangements
68 - Unfair bargaining for individual employment agreements
69 - Remedies for unfair bargaining

70 - Object of this Part
71 - Interpretation
72 - Minister to approve employment relations education
73 - Union entitled to allocate employment relations education leave
74 - Calculation of maximum number of days of employment relations education leave
75 - Union to notify employer of maximum number of days of employment relations education leave calculated
76 - Allocation of employment relations education leave calculated in respect of another employer
77 - Allocation of employment relations education leave to eligible employee
78 - Eligible employee proposing to take employment relations education leave
79 - Eligible employee taking employment relations education leave entitled to ordinary pay

80 - Object of this Part

Interpretation
81 - Meaning of strike
82 - Meaning of lockout

Lawfulness of strikes and lockouts
83 - Lawful strikes and lockouts related to collective bargaining
84 - Lawful strikes and lockouts on grounds of safety or health
85 - Effect of lawful strike or lockout
86 - Unlawful strikes or lockouts

Suspension of employees during strikes
87 - Suspension of striking employees
88 - Suspension of non-striking employees where work not available during strike
89 - Basis of suspension

Essential services
90 - Strikes in essential services
91 - Lockouts in essential services
92 - Chief executive to ensure mediation services provided

Procedure to provide public with notice before strike or lockout in certain passenger transport services
93 - Procedure to provide public with notice before strike in certain passenger transport services
94 - Procedure to provide public with notice before lockout in certain passenger transport services
95 - Penalty for breach of section 93 or section 94

Employer's liability for wages during lockout
96 - Employer not liable for wages during lockout

Performance of duties of striking or locked out employees
97 - Performance of duties of striking or locked out employees

Record of strikes and lockouts
98 - Record of strikes and lockouts

Jurisdiction of Employment Court
99 - Jurisdiction of Court in relation to torts
100 - Jurisdiction of Court in relation to injunctions

Object
101 - Object of this Part

Personal grievances
102 - Employee may pursue personal grievance under this Act
103 - Personal grievance
104 - Discrimination
105 - Prohibited grounds of discrimination for purposes of section 104
106 - Exceptions in relation to discrimination
107 - Definition of involvement in activities of union for purposes of section 104
108 - Sexual harassment
109 - Racial harassment
110 - Duress
111 - Definitions relating to personal grievances
112 - Choice of procedures
113 - Personal grievance provisions only way to challenge dismissal
114 - Raising personal grievance
115 - Further provision regarding exceptional circumstances under section 114
116 - Special provision where sexual harassment alleged
117 - Sexual or racial harassment by person other than employer
118 - Sexual or racial harassment after steps not taken to prevent repetition
119 - Presumption in discrimination cases
120 - Statement of reasons for dismissal
121 - Statements privileged
122 - Nature of personal grievance may be found to be of different type from that alleged

Remedies in relation to personal grievances
123 - Remedies
124 - Remedy reduced if contributing behaviour by employee
125 - Reinstatement to be primary remedy
126 - Provisions applying if reinstatement ordered
127 - Authority may order interim reinstatement
128 - Reimbursement

Disputes
129 - Person bound by or party to employment agreement may pursue dispute under this Act

Recovery of wages
130 - Wages and time record
131 - Arrears
132 - Failure to keep or produce records

Penalties
133 - Jurisdiction concerning penalties
134 - Penalties for breach of employment agreement
135 - Recovery of penalties
136 - Application of penalties recovered

Compliance orders
137 - Power of Authority to order compliance
138 - Further provisions relating to compliance order by Authority
139 - Power of Court to order compliance
140 - Further provisions relating to compliance order by Court

Enforcement of order
141 - Enforcement of order

Limitation period for actions other than personal grievances
142 - Limitation period for actions other than personal grievances

143 - Object of this Part

Mediation services
144 - Mediation services
145 - Provision of mediation services
146 - Access to mediation services
147 - Procedure in relation to mediation services
148 - Confidentiality
149 - Settlements
150 - Decision by authority of parties
151 - Enforcement of terms of settlement agreed or authorised
152 - Mediation services not to be questioned as being inappropriate
153 - Independence of mediation personnel
154 - Other mediation services
155 - Arbitration

Employment Relations Authority
156 - Employment Relations Authority
157 - Role of Authority
158 - Lodging of applications
159 - Duty of Authority to consider mediation
160 - Powers of Authority
161 - Jurisdiction
162 - Application of law relating to contracts
163 - Restriction on Authority's power in relation to collective agreements
164 - Application to individual employment agreements of law relating to contracts
165 - Other provisions relating to investigations of Authority
166 - Membership of Authority
167 - Appointment of members
168 - Oath of office
169 - Term of office
170 - Vacation of office
171 - Salaries and allowances
172 - Temporary appointments
173 - Procedure
174 - Determinations
175 - Seal of Authority
176 - Protection of members of Authority etc
177 - Referral of question of law
178 - Removal to Court
179 - Challenges to determinations of Authority
180 - Election not to operate as stay
181 - Report in relation to good faith
182 - Hearings
183 - Decision
184 - Restriction on review
185 - Staff of Authority

Employment Court
186 - Employment Court
187 - Jurisdiction of Court
188 - Role in relation to jurisdiction
189 - Equity and good conscience
190 - Application of other provisions
191 - Other provisions relating to proceedings of Court
192 - Application to collective agreements of law relating to contracts
193 - Proceedings not to be questioned
194 - Application for review
195 - Non-attendance or refusal to co-operate
196 - Contempt of Court or Authority
197 - Constitution of Court
198 - Registrar and officers of Court
199 - Seal of Court

Judges of the Court
200 - Appointment of Judges
201 - Seniority
202 - Senior Judge to act as Chief Judge in certain circumstances
203 - Judges to have immunities of High Court Judges
204 - Protection of Judges against removal from office
205 - Age of retirement
206 - Salaries and allowances of Judges
207 - Appointment of temporary Judges
208 - Sittings
209 - Full Court
210 - Quorum and decision of Court
211 - Statement of case for Court of Appeal
212 - Court may make rules

Review of proceedings
213 - Review of proceedings before Court

Appeals
214 - Appeals to Court of Appeal on question of law
215 - Court of Appeal may refer appeals back for reconsideration

Special provision in respect of appeals
216 - Obligation to have regard to special jurisdiction of Court

Other appeals
217 - Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of Court
218 - Appeal to Court of Appeal in respect of order on application for review

Miscellaneous provisions
219 - Validation of informal proceedings etc
220 - Documents under seal and certain signatures to be judicially noticed
221 - Joinder waiver and extension of time
222 - Application of Official Information Act 1982

Labour Inspectors
223 - Labour Inspectors

Demand notices
224 - Demand notice
225 - Objections to demand notice
226 - Authority to determine objection
227 - Withdrawal of demand notice

Actions to recover wages or holiday pay
228 - Actions by Labour Inspector

Powers
229 - Powers of Labour Inspectors
230 - Entry of dwellinghouses
231 - Entry warrant
232 - Compilation of wages and time record
233 - Obligations of Labour Inspectors
234 - Circumstances in which officers directors or agents of company liable for minimum wages and holiday pay
235 - Obstruction

Representation
236 - Representation

Miscellaneous provisions
237 - Regulations
238 - No contracting out
239 - New Schedule 3 substituted in Police Act 1958
240 - Consequential amendments
241 - Repeals

Transitional provisions
242 - Enforcement of existing individual employment contracts
243 - Enforcement of existing collective employment contracts
244 - Existing collective employment contracts and collective bargaining
245 - Existing procedures in relation to disputes and personal grievances
246 - Expiration of existing collective employment contracts
247 - Existing proceedings
248 - Existing causes of action
249 - Employment Tribunal
250 - Exercise of powers of Employment Tribunal after 31 January 2001
251 - Exercise of powers of Authority before close of 31 January 2001
252 - Exercise by Authority of powers of Tribunal after 31 January 2001
253 - Existing appointments