The start and expiry dates of a collective agreement are agreed upon by both parties through negotiations. Amendments to the Employment Relations Act 2000 of 2016 introduced rules on when and how to introduce an availability provision into an employment contract. The fact that the collective agreement provides for the provision of jobs and does not comply with these rules means that NZ Post has not been able to enforce the requirement that they work overtime. On this basis, postmen had the right to refuse to work further after their usual end of life. The employer and the union must keep a signed copy of the overall employment contract and provide a copy to the workers upon request. The employer must have new workers who are not unionized and whose work is covered by the coverage clause. In addition to the above requirements, the parties decide what is included in the overall employment contract (unless the employment relations authority is requested and agrees to set the contractual conditions). Transfer of collective agreements to individual contracts. The collective agreement must be ratified by the union members covered by the coverage clause before it can take effect. There is no arbitration procedure to deal with cases where the parties are unable to join a collective agreement, although mediation services are available.
Both employers and workers have the right to impose economic sanctions (strikes and lockouts) to support their bargaining demands. NZ Post invoked the following clause in the overall employment contract when it made overtime too mandatory: the court ruled that employment contracts that purport to prevent the employer from requiring workers to work beyond their usual hours restrict a worker`s ability to plan his or her life outside of work. When an employer requires a worker to work overtime rather than voluntarily, it must comply with the law by imposing an availability provision and providing adequate remuneration for the worker`s availability. What adequate compensation is depends on the circumstances. In this particular case, the Labour Court examined the practices of delivery agents (posties) recruited by New Zealand Post Limited. The Union successfully argued that the text of the collective agreement preceded an illegal `availability provision`, under which postal workers may be required to work overtime at the end of their service if NZ Post so requires. The majority of employees in New Zealand work on open-ended contracts that can be terminated for a significant reason. However, fixed-term contracts are permitted if the employer has valid reasons based on reasonable grounds that a particular worker`s employment relationship ends at the end of a certain term. If the collective agreement to which the employee is bound comes to an end or if the worker leaves the union, if this is the first agreement for your job, you must ensure that union dues are deducted from the wages or remuneration of union members and paid to the union (unless this was negotiated by the collective agreement).
Strikes and lockouts are illegal for the duration of a collective agreement (except in certain circumstances, for example.B. where the strike or lockout relates to health or safety or takes place in the last weeks of the duration of a document supporting new collective bargaining). . . .