New Zealand Law Society - New Code of Good Faith in Collective Bargaining

New Code of Good Faith in Collective Bargaining

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Workplace Relations and Safety Minister Iain Lees-Galloway has approved a Code of Good Faith in Collective Bargaining pursuant to section 35(1) of the Employment Relations Act 2000.

The new code, which is published in the NZ Gazette of 2 May, comes into force on 6 May 2019.

Mr Lees-Galloway says he has revoked the existing code which was approved on 6 March 2015.

He says the changes from the previous code were recommended to him by the Committee for the Code of Good Faith in Collective Bargaining to reflect practices, developments and experiences in applying the duty of good faith under the Act and taking into account the Employment Relations Amendment Act 2018.

"In accordance with section 39 of the Act, the Employment Relations Authority or Employment Court may have regard to an approved code in determining whether or not a union and an employer have dealt with each other in good faith in bargaining for a collective agreement," he says.

"This means that if the parties can show that they have followed the code, the Authority or Court may consider this to be compliance with the good faith provisions of the Act.

"The code will also help parties to identify all the things they should be considering when trying to bargain in good faith."