Employment Relations Authority - Member
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Employment Relations Authority
The Employment Relations Authority (the Authority) operates under the Employment Relations Act 2000 (the Act). It is an investigative body that resolves employment relationship problems by establishing the facts and making a determination according to the substantial merits of the case, without regard to technicalities.
General functions of the Authority
The general function of the Authority is to assist employers and employees (and their representatives) to achieve and maintain successful employment relationships, by resolving problems that arise. The Authority’s role is one part of the Act’s dispute resolution continuum. As part of these general functions Members sit alone in the exercise of the statutory function of investigating and determining those matters for which it has jurisdiction.
The Authority also has powers under the Act to facilitate collective bargaining and to fix terms and conditions for collective agreements, including for pay equity settlements under the Equal Pay Amendment Act 2020.
Support services, including Authority officers, are provided by the Ministry of Business, Innovation and Employment (MBIE).
Appointment
Under section 166 of the Act, there must be at least two members of the Authority, and a Chief. There are currently 24 appointed members of the Authority, including the Chief. Members are appointed by the Governor-General on the recommendation of the Minister for Workplace Relations and Safety.
Duties of Authority Members
In carrying out their role, the Member must comply with the principles of natural justice, aim to promote good faith behaviour, support successful employment relationships and further the objectives of the Act. Members have a duty to first consider, when any matter comes before them, whether an attempt has been made to resolve it by use of mediation, and, whether it is necessary or required to direct the matter to mediation.
The key functions of the role of the Member
Provision of Investigation
Investigations will involve hearing and resolving employment relationship problems as set out in section 161 of the Act, including through issuing determinations on the papers or through meetings. In undertaking an investigation, the member has the power to
- Call for evidence and information from the parties or any other person;
- Require the parties or any other person to attend an investigation meeting to give evidence;
- Interview any of the parties or any person at any time before, during, or after an investigation meeting;
- In the course of an investigation meeting, fully examine any witness;
- Decide that an investigation meeting should not be in public, or open to certain persons; and
- Follow whatever procedure they consider appropriate.
Delivery of Determinations
Members are responsible for delivery of determinations for the purpose of achieving informal and practical justice to the parties and within the statutory timeframes contained within the Act.
Collective bargaining
Where collective bargaining runs into serious difficulties, one or more of the bargaining parties can ask the Authority to help resolve their differences. This is known as facilitation and Members may at the end of this process make recommendations about the process the parties should use to reach agreement and/or the terms and conditions of the collective agreement. Members also fix the terms of collective agreements under the Act in certain defined circumstances.
General skills relevant to Members of the Authority
Knowledge of employment legislative framework and system
Understanding of the objectives of the Employment Relations Act and related legislation, and the implications for key stakeholders, including the role of good faith, and experience in interpretation and application of legislation. An understanding of New Zealand’s labour market, prevailing labour market conditions, as well as the dynamics of multi-employer bargaining, including complex wage negotiation and settlement.
Influence and Persuasion
Interpersonal skills to influence and persuade others with integrity by establishing rapport through culturally sensitive and empathetic dialogue while remaining impartial, understanding other’s perspectives, and achieving principled outcomes for all parties by exploration of all options.
Problem Solving
Ability to identify a range of solutions to complex problems and to select the preferred option or options taking into account the context and relevant environmental issues, with the ability to gain acceptance from all parties to employment relationships, including unions, employers, parties’ representatives, and the general public.
Judgment and decision-making
Committing to a pragmatic but defensible courses of action based on the substantial merits of the case, including logical assumptions, factual information and the organisational, cultural or other matters which may be affecting the achievement of successful employment relationships. This includes investigative skills to inquire into and establish the facts surrounding employment relationship problems and application of flexible procedures that facilitate pragmatic decision-making and problem-solving.
Cultural knowledge
Knowledge of tikanga Māori, the Treaty of Waitangi, and the application of the principles of the Treaty to employment issues, as well as empathy with, and an ability to respond to, cultural, gender, and other human rights issues.
Key relationships
Members are expected to establish and maintain effective professional relationships with:
- Chief of the Authority
- Employers and employees, and/or their representatives
- Supporting officers and staff of the Authority
- Staff of MBIE who provide dispute resolution services and wider administrative support to the Authority
Authority Member terms of appointment, location and time commitment
Members are accountable to the Chief of the Authority under the Act and through their conditions of appointment. They are appointed for a fixed term not exceeding four years and may be reappointed by the Governor-General.
The Authority currently operates from offices in Auckland, Wellington and Christchurch, as well as undertaking circuits to locations across New Zealand. Members will be required to travel to meet the needs of the role and the provision of adjudicative processes across New Zealand.
Remuneration
Section 171 of the Act requires that Members’ remuneration be set by determination of the Remuneration Authority. A full-time authority Member currently receives total remuneration of $267,500 each per annum.
Disclosure of interests
Members must be aware of the importance of personal integrity and the need to disclose any interests they have or are likely to have in matters relating to the Employment Relations Authority and its work, whether or not these create a conflict of interest.
General expectations for Members
Members must also be sure they have the personal qualities and enthusiasm needed to contribute effectively to the effective performance and ongoing development of the Authority throughout their term of appointment.
Members will be accountable to the Chief of the Authority and expected to follow any arrangements, instructions or requirements made by the Chief under section 166A of the Act.
Members will be working within an MBIE-facilitated workspace and are supported by Authority staff employed by MBIE. A commitment to upholding relevant MBIE workplace policies, including as to health and safety and conduct, is expected. Members are expected to display high levels of professionalism, integrity and behave in a manner consistent with the Public Service Standards of Integrity and Conduct.
As part of the appointment process, candidates are required to complete a Disclosure Form. The information that is disclosed by the candidates enables the responsible Minister to know the relevant interests and any conflicts that a person may have in relation to an appointment to an entity. The information is used to assess whether a candidate would be able to contribute effectively to the Authority’s affairs, and where conflicts are identified, to ensure that these can be managed appropriately.