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Employment Relations Act 2000
Part 1 Key Provisions
  Table Of Contents   Part 6 Individual Employees   Schedule 1 Essential Services
  Part 1 Key Provisions   Part 7 Education Leave   Schedule 2 Employment Authority
  Part 2 Preliminary Provisions   Part 8 Strikes And Lockouts   Schedule 3 Employment Court
  Part 3 Freedom Of Association   Part 9 Disputes And Enforcement   Schedule 4 Changes to Police Act
  Part 4 Operation Of Unions   Part 10 Institutions   Schedule 5 Enactments Amended
  Part 5 Collective Bargaining   Part 11 General Provisions   Schedule 6 Enactments Repealed

Part 1 Key Provisions

 Section 3 - Object of this Act
Good faith employment relations
 Section 4 - Parties to employment relationship to deal with each other in good faith
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Section 3
Object Of This Act

The object of this Act is

(a) to build productive employment relationships through the promotion of mutual trust and confidence in all aspects of the employment environment and of the employment relationship

(i) by recognising that employment relationships must be built on good faith behaviour; and

(ii) by acknowledging and addressing the inherent inequality of bargaining power in employment relationships; and

(iii) by promoting collective bargaining; and

(iv) by protecting the integrity of individual choice; and

(v) by promoting mediation as the primary problem-solving mechanism; and

(vi) by reducing the need for judicial intervention; and

(b) to promote observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association, and Convention 98 on the Right to Organise and Bargain Collectively.

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Good faith employment relations
Section 4
Parties To Employment Relationship To Deal With Each Other In Good Faith

(1) The parties to an employment relationship specified in subsection (2)

(a) must deal with each other in good faith; and

(b) without limiting paragraph (a), must not, whether directly or indirectly, do anything

(i) to mislead or deceive each other; or

(ii) that is likely to mislead or deceive each other.

(2) The employment relationships are those between

(a) an employer and an employee employed by the employer:

(b) a union and an employer:

(c) a union and a member of the union:

(d) a union and another union that are parties bargaining for the same collective agreement:

(e) a union and another union that are parties to the same collective agreement:

(f) a union and a member of another union where both unions are bargaining for the same collective agreement:

(g) a union and a member of another union where both unions are parties to the same collective agreement:

(h) an employer and another employer where both employers are bargaining for the same collective agreement.

(3) Subsection (1) does not prevent a party to an employment relationship communicating to another person a statement of fact or of opinion reasonably held about an employer's business or a union's affairs.

(4) The duty of good faith in subsection (1) applies to the following matters:

(a) bargaining for a collective agreement or for a variation of a collective agreement, including matters relating to the initiation of the bargaining:

(b) any matter arising under or in relation to a collective agreement while the agreement is in force:

(c) consultation (whether or not under a collective agreement) between an employer and its employees, including any union representing the employees, about the employees' collective employment interests, including the effect on employees of changes to the employer's business:

(d) a proposal by an employer that might impact on the employer's employees, including a proposal to contract out work otherwise done by the employees or to sell or transfer all or part of the employer's business:

(e) making employees redundant:

(f) access to a workplace by a representative of a union:

(g) communications or contacts between a union and an employer relating to any secret ballots held for the purposes of bargaining for a collective agreement.

(5) The matters specified in subsection (4) are examples and do not limit subsection (1).

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End of Part 1

  Table Of Contents   Part 6 Individual Employees   Schedule 1 Essential Services
  Part 1 Key Provisions   Part 7 Education Leave   Schedule 2 Employment Authority
  Part 2 Preliminary Provisions   Part 8 Strikes And Lockouts   Schedule 3 Employment Court
  Part 3 Freedom Of Association   Part 9 Disputes And Enforcement   Schedule 4 Changes to Police Act
  Part 4 Operation Of Unions   Part 10 Institutions   Schedule 5 Enactments Amended
  Part 5 Collective Bargaining   Part 11 General Provisions   Schedule 6 Enactments Repealed
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Updated: 9th December 2008
Published: 27th August 2000
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