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

(1)

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.

(2)

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

(a)

opposition or objection in principle to—

(i)

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

(ii)

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

(b)

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

(c)

the existence of an unsettled pay equity claim between an employer and a claimant under the Equal Pay Act 1972; or

(d)

the existence of a requirement to review a pay equity claim settlement under the Equal Pay Act 1972.

(3)

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.

(4)

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

(5)

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).

Section 33(2)(c): inserted, on 6 November 2020, by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).

Section 33(2)(d): inserted, on 6 November 2020, by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).