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The repeal of Fair Pay Agreements legislation

The Fair Pay Agreements (FPA) Act has been repealed with effect from 20 December 2023. Your rights and obligations under other employment legislation still apply.

There are existing ways for employees, and unions representing their members, to bargain with employers for terms and conditions. These include:

  • If a union represents employees in a workplace, a collective agreement can be negotiated.
  • Employees, employers and unions must deal with each other at all times in good faith.
  • A collective agreement is approved and signed after collective bargaining between the union and the employer (or employers).
  • The agreement sets the terms and conditions of employment of union members who are employed by that employer (or employers) and are covered by the agreement.
  • Employees can choose whether or not to join a union.

Employees, unions, and employers are encouraged to work together to agree suitable employment terms.

Privacy obligations

Organisations who collect information for specific lawful purposes, such as Fair Pay Agreement application for initiation or bargaining, must ensure the information they hold is only used in accordance with the Privacy Act 2020.

If the purpose for using that information is no longer valid, the organisation must dispose of information safely, and securely.

Disposing of information and documents safely – Office of the Privacy Commissioner (external link)

With the Fair Pay Agreement Agreements legislation now repealed, any person or organisation that obtained personal information for the purpose of Fair Pay Agreement bargaining must now dispose of that information in line with the Privacy Act 2020 (Privacy Principle 9).

This means employers, unions, facilitators, and government agencies must securely delete personal information obtained for this purpose, with the only exception being where there is a separate lawful purpose for retaining it (for example if a person joined a union and their information is being retained for that purpose, or if Public Records Act requirements apply).

Anyone who thinks their information is being misused, or that their privacy is being breached by their information being passed on to third parties, can talk to the Office of the Privacy Commissioner.

For more information on your rights, and the obligations of those who collect your personal information, see the Office of the Privacy Commissioner website.

Office of the Privacy Commissioner (external link)

Find out more on the FPA repeal:

Fair Pay Agreements – Ministry of Business, Innovation and Employment (external link)

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