Last  month we discussed flexible work arrangements, rest and meal breaks and  continuity of employment. Today we discuss the  remaining three changes to the Employment Relations Art 2000.
  Good faith
  This  change amends the good faith provisions that require an employer to give an  employee relevant information where they are proposing to make a decision that  will, or is likely to, have an adverse effect on the continuation of that  employee’s employment. It aims to clarify what information employees are  entitled to during restructures or other situations where their continued  employment is at risk.
  An  employer must give the affected employee relevant confidential information  about themselves. An employer does not have to give the affected employee  confidential information about another employee if doing so would involve an  unwarranted disclosure of the affairs of that person. 
  An  employer does not have to give confidential information that legally must stay  confidential, or where there is a good reason to keep the information  confidential.
  These  changes do not affect an employer’s obligations under the Official Information  Act 1982 or the Privacy Act 1993.
  Further, in employee to employee conflict situations the employee  accused of the misconduct should know the identity of their accuser or the nature of allegations  made against them unless there is good reason to keep this information  confidential.
Collective  bargaining 
  The  changes to collective bargaining aim to increase choice and flexibility in the  collective bargaining framework, reduce ineffective bargaining, and improve  fairness and balance in bargaining requirements. The key changes are:
  - providing  that the duty of good faith does not require parties to reach a collective  agreement. Parties will be able to ask the Authority to declare that bargaining  has ended
   - allowing  employers to opt out of multi-employer bargaining from the start
   - removing  the 30-day rule that gives non-union members who are new employees, the terms  and conditions from the collective agreement
   - allowing  proportionate pay reductions as a response to partial strikes
   - requiring  advanced written notice of any proposed strikes and lockouts in all sectors. 
 
Employment  Relations Authority
  The Act introduces requirements for when and how the Authority must give  determinations. At an investigation meeting’s conclusion, the Authority must  (where practical):
  - give an  oral determination, and a written record of that determination within 1 month,  or
   - give an  oral indication of the Authority’s preliminary findings to the parties (unless  extra evidence is provided) and deliver a written determination within 3 months  of the investigation meeting or when extra evidence is provided, whichever is  later.
 
The  Authority can only reserve its determination if there are good reasons why it  is not practical to give either an oral determination or indication of  preliminary findings. A reserved determination must be delivered within 3  months of either the investigation meeting or any extra evidence being  provided, whichever is later.
  The  Authority can also decide matters without holding an investigation meeting. In  these situations, the Authority must give a written determination within 3  months of receiving evidence from the parties.
  The Chief  of the Authority can extend these timeframes, if they are satisfied that there  are exceptional circumstances. 
This concludes the upcoming changes with the Government citing "Flexible and balanced employment relations legislation is essential for business to grow while ensuring protections for workers are retained"
The Act has now received Royal assent and will come into force on 6 March 2015.