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Employment Relations Act 1999

Trade unions and individual employment rights related to trade unions

7.The Act contains provisions on three other matters to do with trade unions and related individual employment rights:

  • to protect workers against discrimination by omission on the grounds of trade union membership or non-membership or trade union activities;

  • to protect workers against blacklisting on the grounds of trade union membership or activities; and

  • to remove the requirement for trade unions in certain circumstances to identify to employers those workers who will be balloted or called out on industrial action.

8.Although the Act will not affect the right of employers and employees to agree individual contracts, even where a union is recognised for collective bargaining in respect of the bargaining unit where the employees work, it does provide for employees to be protected against being forced into accepting individual contracts in such circumstances.

9.The Act contains provisions aimed at clarifying and simplifying the present law on industrial action ballots and notice in a number of respects.

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