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Employment Relations Act 2000
Part 7 Employment Relations Education Leave
  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  Part 5 Collective Bargaining   Part 11 General Provisions   Schedule 6 Enactments Repealed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 7 Employment Relations Education Leave

 Section 70 - Object of this Part
 Section 71 - Interpretation
 Section 72 - Minister to approve employment relations education
 Section 73 - Union entitled to allocate employment relations education leave
 Section 74 - Calculation of maximum number of days of employment relations education leave
 Section 75 - Union to notify employer of maximum number of days of employment relations education leave calculated
 Section 76 - Allocation of employment relations education leave calculated in respect of another employer
 Section 77 - Allocation of employment relations education leave to eligible employee
 Section 78 - Eligible employee proposing to take employment relations education leave
 Section 79 - Eligible employee taking employment relations education leave entitled to ordinary pay
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Section 70
Object Of This Part

The object of this Part is to provide paid leave to certain employees to increase their knowledge about employment relations for the purpose of

(a) improving relations among unions, employees, and employers; and

(b) promoting the object of this Act, especially the duty of good faith.

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Section 71
Interpretation

In this Part, unless the context otherwise requires,

eligible employee in relation to a union or an employer,

(a) means an employee

(i) who is employed by an employer that is

(A) bound by a collective agreement that comes into force on or after this Act comes into force; or

(B) bargaining for a collective agreement that is initiated on or after this Act comes into force; and

(ii) who is a member of a union that is a party to the collective agreement or the bargaining; and

(iii) who is bound by the collective agreement or would be bound by the collective agreement being bargained for; and

(b) includes an employee who is

(i) a member of a union; and

(ii) bound by a collective employment contract under the Employment Contracts Act 1991 that continues in force under section 243

employment relations education means employment relations education approved under section 72

specified date means

(a) 1 March; or

(b) such other date in a year as is specified in a collective agreement for the purposes of this Part

year means

(a) if a collective agreement does not provide a specified date as an alternative date to 1 March, a period of 12 months beginning on 1 March and ending on the close of the last day of February in the following year, the first such year being 1 March 2001 to 28 February 2002:

(b) if a collective agreement does provide a specified date as an alternative date to 1 March, a period of 12 months beginning on the specified date.

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Section 72
Minister To Approve Employment Relations Education

(1) The Minister may, for the purposes of this Part, approve by notice in the Gazette, courses of employment relations education.

(2) The Minister may approve a course of employment relations education only if satisfied that the course will further the object of this Part.

(3) The Minister may delegate his or her power under subsection (1) to 1 or more persons.

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Section 73
Union Entitled To Allocate Employment Relations Education Leave

(1) A union is entitled to allocate employment relations education leave to eligible employees in accordance with this Part.

(2) The maximum number of days of employment relations education leave that a union is entitled to allocate in a year in respect of an employer's eligible employees is the number of days calculated in accordance with section 74, unless the employer agrees to the allocation of additional days.

(3) The maximum number of days of employment relations education leave that a union is entitled to allocate in a year to an eligible employee is 5 days, unless the employee's employer agrees to the allocation of additional days.

(4) Employment relations education leave expires if it is not allocated by the end of the year in respect of which it is calculated under section 74, unless the employer agrees that the leave may be carried forward to the next year.

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Section 74
Calculation Of Maximum Number Of Days Of Employment Relations Education Leave

(1) The maximum number of days of employment relations education leave that a union is entitled to allocate in respect of an employer is based on the number of full-time equivalent eligible employees employed by the employer as at the specified date in a year, and is determined in accordance with the following table:

Full-time equivalent eligible employees as at the specified date in a year Maximum number of days of employment relations education leave that union entitled to allocate
1 - 5 3
6 - 50 5
51 - 280 1 day for every 8 full-time equivalent employees or part of that number
281 or more 35 days plus 5 days for every 100 full-time equivalent employees or part of that number that exceeds 280

(2) For the purposes of calculating the number of full-time equivalent eligible employees employed by an employer,

(a) an eligible employee who normally works 30 hours or more during a week is to be counted as 1:

(b) an eligible employee who normally works less than 30 hours during a week is to be counted as one-half.

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Section 75
Union To Notify Employer Of Maximum Number Of Days Of Employment Relations Education Leave Calculated

(1) After calculating the maximum number of days of employment relations education leave, a union must give the employer concerned a notice containing

(a) the maximum number of days calculated in respect of the employer; and

(b) the details of the calculation.

(2) The union must comply with subsection (1) within 1 month after the specified date in each year.

(3) Until a union complies with this section, the union must not allocate employment relations education leave.

(4) If a union fails to comply with subsections (1) and (2), the union forfeits one-twelfth of the employment relations education leave for each complete month that the failure continues.

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Section 76
Allocation Of Employment Relations Education Leave Calculated In Respect Of Another Employer

(1) This section applies to a union that is a party to a collective agreement with 2 or more employers.

(2) A union may allocate employment relations education leave calculated in respect of an employer to 1 or more eligible employees of another employer only if, and to the extent that, the employers concerned agree, and subject to any terms and conditions agreed with the employers.

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Section 77
Allocation Of Employment Relations Education Leave To Eligible Employee

(1) A union allocates employment relations education leave to an eligible employee by giving a notice to the employee, and a copy of the notice to the employee's employer, that informs the employee

(a) that the union has allocated employment relations education leave to the employee; and

(b) of the number of days of employment relations education leave allocated to the employee; and

(c) that the employee must take the employment relations education leave by the end of the year in which it is allocated; and

(d) of the terms or effect of sections 78 and 79.

(2) The allocation of employment relations education leave does not, of itself, entitle the employee to take the leave.

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Section 78
Eligible Employee Proposing To Take Employment Relations Education Leave

(1) An eligible employee proposing to take employment relations education leave must tell his or her employer

(a) that the employee proposes to take that leave; and

(b) the dates on which the employee proposes to take that leave; and

(c) the employment relations education that the employee proposes to undertake during that leave.

(2) An eligible employee must not take employment relations education leave unless the employee complies with subsection (1) as soon as possible, but in any event no later than 14 days before the first day of such leave.

(3) An employer may refuse to allow an eligible employee to take employment relations education leave if the employer is satisfied, on reasonable grounds, that the employee taking employment relations education leave on the dates notified would unreasonably disrupt the employer's business.

(4) In subsection (2), day means a day of the week other than a day in the period beginning with 25 December in any year and ending with 5 January in the following year.

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Section 79
Eligible Employee Taking Employment Relations Education Leave Entitled To Ordinary Pay

(1) An employer must pay to an eligible employee the employee's ordinary pay - as defined in the Holidays Act 2003 - for every day or part of a day taken by the employee as employment relations education leave.

(2) However, an employer is not required to comply with subsection (1) in respect of any day for which the eligible employee is paid weekly compensation under the Accident Insurance Act 1998.

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End of Part 7

  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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