Ace Payroll: Employment Relations Act 2000 Part 3 Freedom Of Association


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Employment Relations Act 2000
Part 3 Freedom Of Association

Table Of Contents	Part 6 Individual Employees	Schedule 1 Essential Services
Part 1 Key Provisions	Part 7 Education Leave	Schedule 2 Employment Authority
Part 2 Preliminary Provisions	Part 8 Strikes And Lockouts	Schedule 3 Employment Court
Part 3 Freedom Of Association	Part 9 Disputes And Enforcement	Schedule 4 Changes to Police Act
Part 4 Operation Of Unions	Part 10 Institutions	Schedule 5 Enactments Amended
Part 5 Collective Bargaining	Part 11 General Provisions	Schedule 6 Enactments Repealed

Part 3 Freedom Of Association

Section 7 - Object of this Part

Section 8 - Voluntary membership of unions

Section 9 - Prohibition on preference

Section 10 - Contracts agreements or other arrangements inconsistent with section 8 or section 9

Section 11 - Undue influence

Section 7
Object Of This Part

The object of this Part is to establish that

(a) employees have the freedom to choose whether or not to form a union or be members of a union for the purpose of advancing their collective employment interests; and

(b) no person may, in relation to employment issues, confer any preference or apply any undue influence, directly or indirectly, on another person because the other person is or is not a member of a union.

Section 8
Voluntary Membership Of Unions

A contract, agreement, or other arrangement between persons must not require a person

(a) to become or remain a member of a union or a particular union; or

(b) to cease to be a member of a union or a particular union; or

(c) not to become a member of a union or a particular union.

Section 9
Prohibition On Preference

(1) A contract, agreement, or other arrangement between persons must not confer on a person, because the person is or is not a member of a union or a particular union,

(a) any preference in obtaining or retaining employment; or

(b) any preference in relation to terms or conditions of employment (including conditions relating to redundancy) or fringe benefits or opportunities for training, promotion, or transfer.

(2) Subsection (1) is not breached simply because an employee's employment agreement or terms and conditions of employment are different from those of another employee employed by the same employer.

Section 10
Contracts Agreements Or Other Arrangements Inconsistent With Section 8 Or Section 9

A contract, agreement, or other arrangement has no force or effect to the extent that it is inconsistent with section 8 or section 9.

Section 11
Undue Influence

(1) A person must not exert undue influence, directly or indirectly, on another person with the intention of inducing the other person

(a) to become or remain a member of a union or a particular union; or

(b) to cease to be a member of a union or a particular union; or

(c) not to become a member of a union or a particular union; or

(d) in the case of an individual who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or

(e) to resign from or leave any employment on account of the fact that the other person is or, as the case may be, is not a member of a union or of a particular union.

(2) Every person who contravenes subsection (1) is liable to a penalty under this Act imposed by the Authority.

End of Part 3

Table Of Contents	Part 6 Individual Employees	Schedule 1 Essential Services
Part 1 Key Provisions	Part 7 Education Leave	Schedule 2 Employment Authority
Part 2 Preliminary Provisions	Part 8 Strikes And Lockouts	Schedule 3 Employment Court
Part 3 Freedom Of Association	Part 9 Disputes And Enforcement	Schedule 4 Changes to Police Act
Part 4 Operation Of Unions	Part 10 Institutions	Schedule 5 Enactments Amended
Part 5 Collective Bargaining	Part 11 General Provisions	Schedule 6 Enactments Repealed

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Updated: 9th December 2008
Published: 27th August 2000

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