Posted on: Feb 12, 2015

With the recent amendments to the Employment Relations Act 2000 removing the “30-day rule” from 6 March 2015, there may be some confusion as to what employment agreement employers should be offering new employees.

The answers to the questions below should help determine whether a new employee should be covered by an individual agreement or a collective agreement.

Q1 Is the employer bound by one or more collective agreements?

YESDo any of these agreements cover the new employee or the work to be done by the new employee?

NO – The new employee will be engaged under an individual employment agreement.

Q2  Is the new employee a member of a union?

YESIs the employee’s union a party to a collective agreement which both binds the employer and covers the new employee or the work to be done by that person?

Note:

NO –  ie the employee is not a member of a union, then the new employee will be engaged under an individual employment agreement.  However, the employer must still:

We hope the above Q&A helps you to determine which employment agreement you need to offer to your new employees, and what additional information you are required to provide (if any).  Feel free to contact any of our team for further information.

Disclaimer

This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.