The Employment Relations Authority, also known as the ERA, is an informal investigative tribunal rather than a court. Its role is to determine how employment relationship problems should be resolved without observing all the technicalities of a court.

The ERA is made up of the Chief of the Authority and about 15 other members. The members are not necessarily lawyers but have wide-ranging employment law or employment relations backgrounds. There is a diverse range of experience including union officials, business and management professionals, government officials, and academics. One member hears or presides over each application to the ERA.

The ERA has the power to hear disputes about the following matters:

  • Disputes about the interpretation, application or operation of an employment agreement;
  • Claims of breach of employment agreement;
  • Certain aspects of collective bargaining;
  • Personal grievances;
  • The recovery of wages or other money;
  • Claims for penalties;
  • Requests for compliance orders;
  • Objections to demand notices issued by Labour Inspectors;
  • Requests for orders for interim reinstatement; and
  • In respect of employment agreements, to make certain orders available under enactments or rules of law relating to contracts.

Once a Statement of Problem has been lodged with the ERA, the other party will have an opportunity to respond. A case management conference will be held, usually by phone, with the parties (or their representatives) and the member. This conference attempts to identify what the issues are that need resolving, and if necessary the member will ask for more information.

An investigation meeting will be held with the purpose of resolving the issues identified at the case management conference. After the meeting, the member will consider the evidence and issue a decision, which is known as a determination. The determination is legally binding on both parties.

While the ERA is an effective method of resolving employment relationship problems, the parties should first try and resolve the dispute between themselves and/or attempt mediation.

How to lodge an application in the ERA.