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Starting work and negotiating an agreement

Choosing between collective or individual agreements

Choosing between a collective or individual agreement when you start work

Employment Relations Act 2000, ss 56(1), 62–63B

If there’s a collective agreement in your workplace when you start work and you already belong to the relevant union, then you’ll be covered by this agreement automatically.

If you don’t belong to the union, the employer must tell you about the collective agreement. You then have 30 days to decide whether to join the union and come under the collective agreement (and by any extra terms you negotiate as an individual), or whether to negotiate a different individual agreement instead. In the meantime, during the 30 days, you’ll be covered by an individual agreement that includes the same terms as the collective agreement.

If at the end of the 30 days you decide you don’t want to join the union, you and the employer can mutually agree to change the individual agreement that was based on the collective agreement in the workplace.

If there’s no collective agreement, then you’ll be on an individual employment agreement. The terms of your individual agreement will be whatever you negotiate with your employer.

If I’m under a collective agreement, can I still negotiate terms as an individual?

Employment Relations Act 2000, s 61

Yes. You as an individual can negotiate your own additional terms while still being part of the collective agreement, as long as the additional terms aren’t inconsistent with the collective agreement. Not being inconsistent generally means that the additional terms must deal with issues not covered by the collective agreement, or must be better than minimum terms in the collective agreement.

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Starting and leaving a job

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal information, advice and education about employment law issues.

Ministry of Business, Innovation & Employment

www.employment.govt.nz

The Employment website of the Ministry of Business, Innovation & Employment publishes a range of publications on employment relations and minimum rights at work.

Free phone: 0800 20 90 20, for general enquiries about employment relations, pay and holidays.

For translated employment information go to www.employment.govt.nz/starting-employment/rights-and-responsibilities/minimum-rights-of-employees-translations/#minimum

Reporting migrant exploitation

www.reportmigrantexploitation.employment.govt.nz

Make a complaint to the Ministry of Business, Innovation & Employment about migrant exploitation with this online form.

If you need help completing the form or would like to speak to an interpreter, call 0800 200 088 between 8:00am – 5:30pm, Monday to Friday. You will be connected with an interpreter after you say the name of the language you speak.

New Zealand Council of Trade Unions, Te Kauae Kaimahi

www.union.org.nz

Phone: (04) 385 1334
Email: info@nzctu.org.nz

The NZCTU is the umbrella body for affiliated unions covering every job and industry in New Zealand. It can provide information about which union may cover the type of work you do.

New Zealand Prostitutes Collective

www.nzpc.org.nz

A nationwide organisation run by sex workers for sex workers. They provide information and services for people who are doing sex work or thinking about doing sex work.

Phone (04) 382 8791
Mobile and media inquiries: 027 496 0700
Email: info@nzpc.org.nz

Migrant worker organisations

Union Network of Migrants – UNEMIG

www.unemig.org.nz

Part of FIRST Union

Phone: 0800 863477

Migrant Workers Association

migrantworkers.org.nz

Email: help@migrantworkers.org.nz

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