Screen Industry Workers Bill

Hon Andrew Little

Screen Industry Workers Bill

Government Bill

219—2

Contents

Commentary
Key
1Title
2Commencement
3Purpose
4Overview of Act
5Employment status of screen production workers determined by this Act
6No contracting out
6AProhibition on matters relating to bullying, discrimination, and harassment
7Application of Commerce Act 1986
7Exemption from Commerce Act 1986 prohibition on restrictive trade practices
8Act binds the Crown
9Transitional, savings, and related provisions
10Interpretation
11Meaning of screen production worker
12Screen productions to which Act applies
12AVoluntary membership of worker organisation or engager organisation
12BProhibition on preferential treatment
12CArrangements inconsistent with section 12A or 12B of no effect
12DUndue influence prohibited
12EPenalty for breaching section 12D
13Parties to workplace relationship must act in good faith
14Person must not exert undue influence on screen production worker
15Penalty for breaching section 13 or 14
16AAAEngager responsibilities before entering individual contracts
16Engager must provide screen production worker with individual contract
16Engager must provide screen production worker with individual contract
16AIndividual contract terms
17Mandatory individual contract terms
18Prohibition on retaliatory termination of individual contracts
19Parties may resolve individual contract disputes using dispute resolution procedures
19Resolution of disputes relating to individual contracts
20Penalty for failing to comply with Penalties relating to individual contract requirements contracts
21Incorporated society may apply to register as worker organisation or engager organisation
22When society entitled to be registered
23Registration
24Annual return of members
25Cancellation of registration
26Collective bargaining to must be carried out in good faith
27Bargaining parties required to conclude collective contract
27Bargaining parties must conclude collective contract
28Industrial action prohibited during bargaining
29Penalty for engaging in industrial action during bargaining
29APenalties for failing to comply with collective bargaining requirements
30Requests for information during bargaining
31Form and content of collective contracts
32Mandatory collective contract terms
32ABargaining fees
32BMinimum and maximum duration of collective contracts
32CCollective contracts must be sent to chief executive
32DVariations to collective contracts
33Exemptions from occupation-level collective contracts
33Exemptions from terms of occupation-level collective contracts
33APenalty for breaching section 33
34Minimum and maximum duration of collective contracts
35Collective contracts must be sent to chief executive
35AEnforcement of collective contracts
35BResolution of disputes relating to collective contracts
36Preliminary requirements
37Worker organisation or engager organisation may apply for approval to initiate bargaining
38When application may be made
39Applications to must be notified and submissions invited
40Authority must decide whether to allow bargaining
41Bargaining parties
42Authority to must decide worker organisation responsible for ratification vote
43Authority must publish decisions on applications
43AHow bargaining initiated (once approval given)
44Removal of bargaining party
44AAddition of bargaining party
45How bargaining for occupation-level collective contract initiated (once approval given)
46Authority must assess draft occupation-level collective contracts for suitability for ratification
47Ratification of occupation-level collective contract
48Coverage of occupation-level collective contract
49Commencement of occupation-level collective contract
50Who may participate in bargaining for enterprise-level collective contract
51How and when bargaining may be initiated
51AWithdrawal of consent to bargaining prohibited
52Limits on bargaining Limitations on terms that may be agreed
53Ratification of enterprise-level collective contract
54Coverage of enterprise-level collective contract
54AScreen production worker may choose contract to apply
55Commencement of enterprise-level collective contract
56General matters relating to dispute resolution
57Mediation of disputes relating to matters under this Act
58Facilitated bargaining
59Determinations by Authority
60Challenges to determinations
61Review of Authority and Registrar decisions
62Jurisdiction concerning penalties
63Recovery of penalties
64Penalty for obstructing or delaying Authority investigation
65Offence to mislead Authority or Registrar
66Access to workplaces
67Representative of worker organisation must obtain consent to enter workplace
68Conditions relating to access
69Additional requirements relating to access
70Penalty for certain acts in relation to entering workplace
71Registrar of Screen Industry Organisations
72Registrar may seek directions of Authority
73Occupational groups
74Further matters relating to change in occupational groups
75Regulations
76Amendments to Employment Relations Act 2000
77Section 6 amended (Meaning of employee)
78Section 161 amended (Jurisdiction)
79Section 187 amended (Jurisdiction of court)
Legislative history

The Parliament of New Zealand enacts as follows: