HR Practice For Payroll Practitioners

HR Practice for Payroll Practitioners

57 Employee bound by only 1 collective agreement in respect of same work If an employee is a member of more than 1 union, the employee is bound by only 1 collective agreement covering the same work done by the employee, being the collective agreement resulting from the bargaining first initiated which covered the employee’s wor k.

Section 58 is an important section because it basically states that you cannot jump from one collective agreement to another covering the same type of work until 60 days before it expires. There is no problem in an employee resigning from the collective and accepting an individual employment agreement at any time. 58 Employee who resigns as member of union but does not resign as employee (1) A member of a union who is bound by a collective agreement and who resigns as a member of the union but does not resign from his or her employment, may not be subject to any other bargaining for a collective agreement or bound by any other collective agreement until the 60th day before the expiry date of the collective agreement binding on the member before resigning as a member of the union. (2) For the purposes of subsection (1), the expiry date of a collective agreement is determined under section 52(3) without taking section 53 into account.

© New Zealand Payroll Practitioners Association, Sep 2024, Ver 12

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