From 2/10/00 the legal requirements for employment relationships are changed and from this date new contracts or individual employment agreements need to comply with the provisions of the new ERA.

"Good Faith" is the central principle of the ERA. Simply speaking "good faith" means that employees and unions must deal with each other openly and honestly

The Act promotes good employment relations and mutual respect and confidence between employers and unions and

It sets the environment for individual and collective employment relationships and specifies the requirements for the content and negotiations of individual and collective employment agreements

The ERA also provides for prompt and flexible options for resolving issues relating to the employment relationship.

 

 

Union access to a site is now a legal right; paid union education leave is a right of union members covered by a collective; union meetings are now a right of union members (2 per year); there are restrictions on employers when hiring replacement labour during strikes and lockouts; all employment agreements must be in writing; fixed-term employment relationships must be genuine; the grounds for PG's now includes those covered by the Human Rights Act.; a Mediation Service has been set up; an Employment Relations Authority replaces the Employment Tribunal; the Employment Court remains; contractors and employees are now more clearly defined; Good Faith is now a requirement of the employment relationship and bargaining;

 

 

Current contracts wont change unless negotiated; union membership is still voluntary - unless and employee wishes to join a collective agreement; employees still have access to the personal grievance procedure; employees can still form their own union; undue influence 9to join or not join a union) is still illegal; Strikes and lockouts are still illegal unless a contract or agreement has expired; all parties to a contract or agreement are required to comply with the terms of their contracts or agreements.

 

No. Only unions and employers are allowed to negotiate collective agreements with employees. Employers are not permitted to bargain directly with union members.

 

No. It is not compulsory for employees to join a union unless they want to be part of a collective agreement - in which case the employee must be a union member.

 

An employee is engaged under what is known as a contract OF service [ the employer is responsible for employment costs such as ACC, holidays, taxation deductions etc];
A contractor is engaged under a contract FOR service and is personally liable for such employment costs.

 

Yes. A contractor may ask the Employment Relations Authority to decide whether or not they are an employee. A union may also ask the Employment Court for an order determining that a contractor is really an employee [with the contractors consent].