The 30 Day Rule

The closest applicable collective employment agreement (CEA) covers new employees for the first 30 days of their employment. This gives them time to negotiate their own individual employment agreement (IEA) with their employer (section 62 of the Employment Relations Act).

This is known as the 30-day rule. During this time, the employee’s terms and conditions are those already applying under the CEA, plus any additional terms and conditions that are mutually agreed to and do not conflict with the CEA.

It is the employer’s responsibility to provide employees in this situation with a copy of the CEA, to advise them they are entitled to join the union, and to give them information telling them how to contact the union.

Once the 30-day period is over, the IEA may reflect whatever has been mutually agreed to between the parties, provided that:

• it is consistent with the law
• the employee has had a reasonable opportunity to seek independent advice
• it is not the result of unfair bargaining.