9 Prohibition on preference

(1)

A contract, agreement, or other arrangement between persons must not confer on a person, because the person is or is not a member of a union or a particular union,—

(a)

any preference in obtaining or retaining employment; or

(b)

any preference in relation to terms or conditions of employment (including conditions relating to redundancy) or fringe benefits or opportunities for training, promotion, or transfer.

(2)

Subsection (1) is not breached simply because an employee’s employment agreement or terms and conditions of employment are different from those of another employee employed by the same employer.

(3)

To avoid doubt, this Act does not prevent a collective agreement containing a term or condition that is intended to recognise the benefits—

(a)

of a collective agreement:

(b)

arising out of the relationship on which a collective agreement is based.

Compare: 1991 No 22 s 7

Section 9(3): added, on 1 December 2004, by section 8 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).