A Business Herald guide to the new ERA

Q. Can I tell my staff they can't join a union?

A. No, you can't. But you can point out it's not compulsory.

Q. What happens to existing collective contracts?

A. They continue until their expiry or until July 31, 2003, whichever comes first.

Q. Can my staff change the expiry date?

A. Union members on a collective can vote on this before July 1. They can choose an earlier date for expiry provided it is no earlier than July 1.

Q. I want to hire someone new. What's the story?

A. If there is already a collective agreement in place, the new person must be employed on those terms or better for the first 30 days. After that, it's his or her choice what to do. Remember all new staff must have written employment agreements and these must be provided before they start.

Q. Can I still hire staff on individual agreements?

A. Of course you can, keeping in mind the above requirements.

Q. What difference does it make?

A. Staff on collectives have the right to attend stopwork meetings, take union education leave, have union fees deducted and take strike action. Those on individuals cannot strike while negotiating an agreement, but can strike for the right to a collective agreement.

Q. Can I negotiate a collective with my staff without involving a union?

A. No, you can't.

Q. Can unions come into my business and talk to my staff even if none of them are union members?

A. Yes, as long as it is at "reasonable times." Union reps have to explain to you why they're there. If you're not there, they have to leave a note.

Q. What else do I have to remember?

A. Employment agreements must include a plain-language explanation of how to go about resolving any problems. And everything you do must be done in good faith.

Q. Can I employ staff on a fixed term?

A. Yes, as long as you have "genuine reasons." You must explain these to the employee and include them in the agreement.

Q. What about trial periods?

A. As long as the employee agrees and it is included in the agreement. But bear in mind the law makes it difficult to get rid of someone on trial even if he or she does not measure up.

Q. What's the story with individual contractors?

A. If you're both happy with that arrangement, no problem. If they're not happy, they can argue about it by taking a personal grievance or going to the Employment Court.

*This information is provided as a guide only.

Herald Online feature: Employment Relations Act

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