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Employment Relations Act 2000 - What you must know about employing new staff . How you set their pay and conditions depends on the new employee's circumstances: If the new employee belongs to a union that has a collective agreement covering the work they will be doing In this case, the new employee must be employed under their union' s collective agreement. You may negotiate extra terms and conditions with the employee but they cannot be inconsistent with (i.e. less favourable than) the collective. If the new employee is not a union member but there is a collective employment agreement covering the work they will be doing To ensure that the employee has adequate information to decidewhether to join the union and the collective you must inform them that there is a collective that covers their work, of their right to join the union and therefore the collective, and how to contact the union. They should also be given a copy of the collective agreement and, with the employee' s agreement, you should also inform the union that they have commenced work. For the first 30 days, the new employee must be employed under the terms and conditions of the collective agreement, but you may also negotiate extra terms and conditions that are not inconsistent with the agreement. The objective is to give new employees time to decide whether they want to be a member of the union and be bound by the collective agreement, or whether they would prefer to continue on an individual employment agreement. The Act includes provisions to protect this 30-day rule. Any additional terms and conditions you offer for the 30 days must sit comfortably alongside the collective agreement. You and your new employee are not allowed to reach an initial agreement that automatically changes after the 30 days. During the 30 days your new employee may join the union, in which case they would join the collective agreement. If at the end of 30 days the employee has not joined the union they would continue on the individual employment agreement, which either party could then seek to vary. If there is not a collective agreement covering the work the new employee will be doing (Immediately after 2 October 2000 there will usually not be a collective agreement. This is because the law allowing the negotiation of agreements only comes into force on that day). In this case, you need to provide the new employee with a draft individual employment agreement. You have to advise the employee that they are entitled to seek independent advice about the intended agreement, and you have to give them a reasonable opportunity to seek that advice. You then negotiate an individual employment agreement
Copyright 2000. All rights reserved. All the information published in this website is
true and accurate to the best of the authors' knowledge and should not be
a substitute for legal advice. | ||
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