Employment Relations Amendment Bill passed06 December 2018
The Bill has been passed. Some provisions come into effect on 6 December and the balance on 6 May 2019.
Those with immediate effect are:
- Unions need consent to enter an employer's premises unless a collective agreement is in force or bargaining has been initiated.
- Unions can initiate bargaining first.
- Employers can opt out of MECA bargaining, if they have a good reason.
- No ability for ERA to order bargaining has concluded.
- No pay deductions for partial strikes.
- Reinstatement is the primary remedy for unjustified dismissal.
The following provisions come into effect on 6 May 2019:
- Employers must pass on union information to new employees.
- Employers must provide certain information about new employees to unions.
- Paid time for delegates.
- Obligation to conclude collective - unless genuine reason not to.
- Pay rates must be specified in collective agreements.
- New employees – must be employed on the terms of any applicable collective agreement for the first 30 days.
- Trial periods – only available to employers with < 20 employees.
- Meal breaks – prescriptive approach.
- Part 6A (Transfer of Undertakings) applies to all employers.