Changes to Employment Relations Act in New Zealand effective today

09 Mar 2015 1:37 PM | Louise Stokes

From now the long awaited changes to 2000’s Employment Relations Act will be effective.


Lawyers at Chapman Tripp outlined the key changes to legislation that employers need to be aware of:

  • Increased flexibility for rest breaks and meal breaks, requiring employers to provide employees with a "reasonable opportunity" for rest and meal times
  • Flexible working arrangements extended to all employees rather than only those with caring responsibilities.
  • Employers able to opt out of bargaining for a multi-employer collective agreement.
  • Employers able to initiate bargaining at the same time as unions.
  • "30 day rule" will be repealed, allowing more scope for employers to negotiate individual terms and conditions at the outset. Employers must still advise employees of the existence of the collective agreement and provide contact details for the union.
  • Most strikes and lockouts to require advance written notice.
  • Employers able to make partial pay deductions where employees take partial strike action (say work to rule).
  • Good faith provisions amended to enable an employer to withhold confidential information where disclosing it will result in the unwarranted disclosure of a non-affected person's affairs.
  • Continuity of employment provisions under allows employers to negotiate the apportionment of service related entitlements.
  • Employment Relations Authority required to give an oral decision or indication at the end of an investigation meeting and written determinations within three months.


The Australasian Society of Association Executives (AuSAE)

Australian Office:
Address: Unit 6, 26 Navigator Place, Hendra QLD 4011 Australia
Free Call: +61 1300 764 576
Phone: +61 7 3268 7955
Email: info@ausae.org.au

New Zealand Office:
Address: 159 Otonga Rd, Rotorua 3015 New Zealand
Phone: +64 27 249 8677
Email: nzteam@ausae.org.au

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