Repeal the definition of applicable collective employment contract in section 2 and substitute:
| applicable collective agreement means the collective agreement that is
binding on the relevant union and employer, at the relevant point of time in relation to an employee of the employer who is a member of the union.
| | Repeal the definition of collective employment contract in section 2, and substitute:
|
collective agreement means an employment agreement that is binding on 1 or more employers and 2 or more employees | |
Omit from section the definition of Education service and substitute:
| Education service means
(a) service in the employment of (i) any state school; or (ii) any integrated school within the
meaning of the Private Schools Conditional Integration Act 1975; or (iii) any university, polytechnic, or college of education; or
(iv) any other educational institution for which a separate employer for the purposes of this Act is designated by any enactment or by the Minister:
(b) service as a registered teacher in the employment of any free kindergarten association that controls a free kindergarten within the meaning of section 315(1) of the Education Act 1989
| | Insert in the definition of employer in section 2, after paragraph (a):
|
(b) in relation to any free kindergarten within the meaning of section 315(1) of the Education Act 1989, means the free kindergarten association by which that free kindergarten is controlled
| | Repeal the definition of employment contract in section 2 and substitute:
|
employment agreement means a contract of service | |
Repeal the definitions of individual employment contract and lockout in section 2 and substitute:
| individual employment agreement means an employment agreement that
is binding on only 1 employer and 1 employee who is not bound by a collective agreement that binds the employer lockout has the meaning given to it by section 82 of the Employment
Relations Act 2000 | | Repeal the definition of strike in section 2 and substitute:
|
strike has the meaning given to it by section 81 of the Employment Relations Act 2000 union means a union registered under Part 4 of the Employment Relations Act 2000
| | Repeal section 59(1)(b) and substitute:
|
(b) may, subject to any conditions of employment included in the employment agreement applying to the employee, at any time remove any employee from that employee's office or employment.
| | Omit from section 61A(1) the words subject to the relevant employment contract
and substitute the words subject to the relevant employment agreement Omit from section 61B(1) the word
contracts and substitute the word agreements Omit from section 61B(2) the word
contract in both places where it appears and substitute in each case the word agreement
Omit from the heading to Part VI the words APPLICATION OF THE EMPLOYMENT CONTRACTS ACT 1991 and substitute: Application of Employment Relations Act 2000
Repeal sections 67 to 69 and substitute:
| 67 Application to Public Service of Employment Relations Act 2000
Except as otherwise provided in this Act, the Employment Relations Act 2000 applies in relation to the Public Service.
68 Negotiation of conditions of employment
(1) The Commissioner is responsible for negotiating under the Employment Relations Act 2000 every collective
agreement applicable to employees of any Department of the Public Service as if the Commissioner were the employer. (2) Without limiting subsection (1), it is declared that,
for the purposes of initiating bargaining for a collective agreement, good faith bargaining for a collective agreement, and entering into collective agreements,
(a) the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000 as the Commissioner would have if the Commissioner were the employer; and
(b) employees of each Department affected are to be treated as if they were all employees of the Commissioner. (3) The Commissioner must conduct the negotiations
(a) with a union of which the employees are members; and (b) in consultation with the chief executive
of each Department affected. (4) Every collective agreement must be entered into between
(a) the Commissioner; and (b) a union of which the employees to whom the collective agreement is applicable are members.
(5) Every collective agreement entered into between the Commissioner and a union and relating to employees of a Department is binding on
(a) the chief executive of that Department; and (b) the employees of that Department who are or become members of the union and whose
work comes within the coverage clause in the collective agreement. (6) Except as provided in this section, an employer
who is bound by a collective agreement under subsection (5) has the rights, obligations, and duties that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 as if that employer were a
party to that agreement. 69 Personal grievances and disputes
Despite the provisions of section 68,
(a) in relation to a personal grievance, the employer is the chief executive of the Department; and
(b) in relation to a dispute about the interpretation, application, or operation of any collective agreement, the employer is the chief executive of the Department acting, if the Commissioner so requires, together with or in consultation
with the Commissioner; and (c) in relation to any other employment relationship problem (within the meaning of the Employment Relations Act 2000), the employer is the chief executive of the
Department. | | Repeal section 70(2) and substitute:
|
(2) Where the Commissioner, acting under subsection (1), delegates to a chief executive the function, under section 68(1), of conducting negotiations with a union of which the employees are members, the chief executive must conduct
those negotiations in consultation with the Commissioner. | |
Repeal sections 73 to 74A and substitute: |
73 Application of Employment Relations Act 2000
Except as otherwise provided in this Act, the Employment Relations Act 2000
applies in relation to the Education service. 74 Negotiation of conditions of employment
(1) Except as provided in section 74C, the Commissioner is responsible for negotiating under the Employment Relations Act 2000 every collective agreement applicable to employees of the Education service as if the Commissioner were the employer.
(2) Without limiting subsection (1), it is declared that, for the purposes of initiating bargaining for a collective agreement, good faith bargaining for a collective agreement,
and entering into collective agreements, (a) the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000 as the Commissioner would
have if the Commissioner were the employer; and (b) employees of the Education service are to be treated as if they were all employees of the Commissioner.
(3) Unless otherwise directed in writing by the Commissioner, an employer in the Education service must not lockout employees or suspend striking employees in relation
to negotiations by the Commissioner for a collective agreement applicable to those employees. (4) The Commissioner must conduct the negotiations
(a) with a union of which the employees are members; and (b) in consultation with
(i) the chief executive of the Ministry of Education; and (ii) representatives of the employer or employers who will be
bound by the collective agreement, which representatives must be employers or organisations of employers, of persons employed in the Education service.
(5) Every collective agreement must be entered into between (a) the Commissioner; and
(b) a union of which the employees to whom the collective agreement is applicable are members. (6) Every collective agreement entered into between
the Commissioner and any union and relating to employees in the Education Service is binding on (a) the employers of the employees to
whom the collective agreement is applicable; and (b) the employees in the Education service who are, or who become, members of the union.
(7) Except as provided in this section, an employer who is bound by a collective agreement under subsection (6) has the rights, obligations, and duties that that employer would
have, in respect of that collective agreement, under the Employment Relations Act 2000 as if that employer were a party to that agreement. 74A Personal grievances and disputes
Despite the provisions of section 74, (a) in relation to a personal grievance, the employer is
the employer as defined in section 2; and (b) in relation to a dispute about the interpretation, application, or operation of any collective agreement, the
employer is the employer as defined in section 2, acting, if the Commissioner so requires, together or in consultation with the Commissioner; and
(c) in relation to any other employment relationship problem (within the meaning of the Employment Relations Act 2000), the employer is the employer as defined in section 2.
| | Repeal section 74B(2) and substitute:
| (2) Where the Commissioner, acting under subsection
(1), delegates to an employer or an organisation of employers the function, under section 74(1), of conducting negotiations with a union of which the employees are members, the employer or organisation of employers must conduct those
negotiations in consultation with (a) the Commissioner; and (b) the chief executive of the Ministry of Education.
| | Omit from section 74C(2) the words
Employment Contracts Act 1991 collective employment contracts and substitute the words Employment Relations Act 2000 collective agreements
Repeal section 74C(3) and substitute:
| (3) Before entering into any collective agreement under the Employment Relations Act 2000, the chief executive
of each university, polytechnic, or college of education or any organisation of employers representing jointly such chief executives, must consult with the State Services Commissioner over the conditions of employment to be
included in the collective agreement. | | Omit from section 74D(1) the words
employment contract and substitute the word agreement
Omit from section 75(1), and also from section 75(2), the words employment contract in both places where they appear, and substitute in each case the word
agreement Repeal section 76(4) and substitute:
| (4) Nothing in this section is to be construed so as to prevent any union from making representations to the
employer or to any other person or persons acting under delegation from the employer on any matter affecting the salaries, wages, or conditions of employment of any employees who are members of that union.
| | Repeal section 77E(1)(b) and substitute:
|
(b) may, subject to any conditions of employment included in the employment agreement applying to the employee, at any time remove any employee from that employee's employment.
| | Repeal paragraph (b) of the definition of employer in section 84 and substitute:
| (b) in relation to
(i) any institution that is subject to Part IX of the Education Act 1989; or (ii) any free kindergarten within the
meaning of section 315(1) of the Education Act 1989 for the application period (within the meaning of subsection (1) of section 91A of the Education Act 1989), means the
chief executive of the Ministry (within the meaning of that subsection): | |
|
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