October 1: New trade union laws come into force

The remaining sections of the Employment Relations Act 2004, which place new restrictions on employers notified that a union recognition ballot is to be held, come into force on 1 October 2005.

Section 9 requires employers that are informed that a union recognition ballot is to be held to refrain from making an offer to any or all of the workers in a bargaining unit inducing them not to attend a meeting with the union. It also provides that an employer must not take or threaten to take action against a worker because he or she has taken part or intends to take part in such a meeting.

Section 10 provides that parties informed that a recognition ballot is to be held must refrain from using any unfair practice to influence the outcome of the ballot, including offering financial incentives, coercion and threats of or actual dismissal or disciplinary action. This section also sets out the procedures to be followed where the Central Arbitration Committee receives a complaint that an unfair practice has been used. Section 13 contains similar provisions concerning derecognition ballots.

Sections 22 and 25 change the information required to be contained in a ballot notice and an industrial action notice.

There are accompanying Codes of Practice on industrial action ballots and notice to employers and unfair practices during recognition and derecognition ballots, which also come into force on 1 October 2005.