33 Duty of good faith requires parties to conclude collective agreement unless genuine reason not to


The duty of good faith in section 4 requires a union and an employer bargaining for a collective agreement to conclude a collective agreement unless there is a genuine reason, based on reasonable grounds, not to.


For the purposes of subsection (1), genuine reason does not include—


opposition or objection in principle to—


bargaining for, or being a party to, a collective agreement; or


including rates of wages or salary in a collective agreement; or


disagreement about including a bargaining fee clause under Part 6B in a collective agreement.


For the purposes of subsection (1), opposition to concluding a multi-employer collective agreement is a genuine reason not to conclude a collective agreement if that opposition is based on reasonable grounds.


Clause 6 of Schedule 1B overrides subsection (3).


In this section and in clause 6 of Schedule 1B, multi-employer collective agreement means a single collective agreement involving 2 or more employers.

Section 33: replaced, on 6 May 2019, by section 14 of the Employment Relations Amendment Act 2018 (2018 No 53).