Individual Employment Agreement Template Page 2
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2REMINDER FOR BOARDS OF TRUSTEES
(NB: this reminder does not form part of the IEA)
INDIVIDUAL EMPLOYMENT AGREEMENT
SUPPORT STAFF
In offering the promulgated Individual Employment Agreement to new employees, Boards are
required to meet their obligations under the Employment Relations Act 2000. The following
provides a guide to the obligations in relation to new employees where a Collective Agreement
is in place.
New employees – where a collective agreement is in force
•
The requirements of the Employment Relations Act 2000 apply in full to all collective agreements
and individual employment agreements.
•
New employees who are members of the union (or unions) party to the collective agreement and
perform the work covered by a collective agreement will be bound by that collective agreement.
•
New employees who are not union members and perform the work covered by a collective
agreement shall be offered an individual employment agreement which, for the first 30 days of
employment, contains the terms and conditions of employment contained in the applicable
collective agreement.
•
At the time the employee enters into the individual employment agreement and before the employee
commences work, the employer must advise the employee:
•
that the collective agreement exists and covers the work to be done by the employee,
•
that the employee may join the union that is party to the collective agreement, and how they can
contact the union,
•
that if they join the union they will be bound by the collective agreement, a copy of which the
employer will give to the employee and
•
that for the first 30 days of employment their terms and conditions of employment will be those
of the collective agreement that would bind them if they were a union member.
•
If the employee agrees, the employer will inform the union as soon as practicable that the employee
has entered into an individual employment agreement with the employer.
•
At the end of the 30 days, if the employee has not joined the union which is party to the collective
agreement, the employer and employee may agree to vary the terms and conditions of employment.
•
If the parties wish to vary the promulgated individual employment agreement, either on
appointment or after the 30 day period, they will require concurrence from the Ministry.
•
If the employer and employee choose not to vary the terms and conditions of the promulgated
individual employment agreement after the 30 day period it remains in force unchanged.
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