The Fair Pay Agreements (FPA) legislation has been repealed with effect from 20 December 2023.
Information from MBIE has been provided as to the next steps for employers and employees below.
With the FPA legislation now repealed, no new applications can be considered by MBIE. There have not been any Fair Pay Agreements finalised to-date. Repealing the legislation will have no impact on current employment terms for workers.
Organisations who collected information for specific lawful purposes, such as Fair Pay Agreement application for initiation or bargaining, must ensure the information they hold is only used in accordance with the Privacy Act 2020.
If the purpose for using that information is no longer valid, the organisation must dispose of information safely, and securely: Disposing of information and documents safely
With the Fair Pay Agreement Agreements legislation now repealed, any person or organisation that obtained personal information for the purpose of any aspect of the Fair Pay Agreement process must now dispose of that information in line with the Privacy Act 2020 (Privacy Principle 9).
This means employers, unions, facilitators, and government agencies must securely delete personal information obtained for this purpose, with the only exception being where there is a separate lawful purpose for retaining it (for example if a person joined a union and their information is being retained for that purpose, or if Public Records Act requirements apply).
Anyone who thinks their information is being misused, or that their privacy is being breached by their information being passed on to third parties, can talk to the Office of the Privacy Commissioner.
For more information on your rights and obligations relating to collection of personal information, see of the Office of the Privacy Commissioner website: Office of the Privacy Commissioner
To find out more about minimum employment rights and responsibilities for employees and employers, see the Employment New Zealand website: Rights and responsibilities » Employment New Zealand
There are remaining existing ways for employees and unions representing their members, to bargain with employers for terms and conditions. These are outlined by Employment New Zealand and are as follows:
- If a union represents employees in a workplace, a collective agreement can be negotiated.
- Employees, employers and unions must always deal with each other in good faith.
- A collective agreement is approved and signed after collective bargaining between the union and the employer (or employers).
- The agreement sets the terms and conditions of employment of union members who are employed by that employer (or employers) and are covered by the agreement.
- Employees can choose whether to join a union.
Read more here: The repeal of Fair Pay Agreements