Collective bargaining can take place at all levels of the labour market, including at the national level, as well as at the level of industry, multi-employers, certain companies and companies. A collective agreement can only hire two workers by law. When a new employee moves into a workplace and there is a current collective agreement in the workplace covering the type of work done by the worker, the worker`s conditions for the first 30 days of work are automatically those set out in the collective agreement. The worker has the right to join the union that negotiated the collective agreement at any time during the 30 days or after, which binds the worker to the collective agreement. If there is no agreement applicable in the workplace or if the worker chooses not to join the union that negotiated the agreement, the general conditions of the worker are those set out by an individual employment contract concluded by the employer and the worker. The end is in sight if the parties reach an agreement, but they must ensure that a collective agreement is reached so that their difficult negotiations are not wasted. In this regard, collective agreements may contain all issues agreed upon by the parties, unless they are contrary to the law or the law. Collective agreements must include certain minimum provisions, including: there is no arbitration for cases where the parties are unable to regulate a collective agreement while mediation services are available. Both employers and workers have the right to impose economic sanctions (strikes and lockouts) to support their bargaining demands.
The Court of Justice had to consider whether the collective agreement clause was a section 67D availability provision. The Court found that the clause was an availability provision because it purported to require a delivery driver to accept the dassovern when it required NZ Post and that the performance of this overtime work was conditional on the provision of overtime by NZ Post. The amendments to the 2000 Labour Relations Act 2006 introduced rules on when and how a provision of availability can be included in an employment contract. The fact that the collective agreement provided for the provision of postats and did not comply with these rules meant that NZ Post was not in a position to impose the obligation to work overtime. On this basis, the posties had the right to refuse additional work after their usual end time. A person with a collective agreement may also agree with his employer additional terms and conditions.