75 Actual conditions of employment

(1)

The Commissioner may declare that all or any part of the conditions of employment fixed under a collective agreement for persons employed in the education service are to be the actual conditions of employment.

(1A)

The Commissioner may, in addition to the actual conditions declared under subsection (1), approve further conditions of employment for an individual employee who is employed in the education service under a collective agreement if the conditions are—

(a)

mutually agreed by the employee and his or her employer; and

(b)

not inconsistent with the conditions of the collective agreement.

(2)

The conditions of employment of employees in the education service who are not bound by any collective agreement shall be determined in each case by agreement between the employer and the individual employee, but the employer shall obtain the written concurrence of the Commissioner to the conditions of employment with that individual employee.

(3)

The Commissioner, in carrying out the function under subsection (2), may promulgate in writing to employers, either generally or specifically, the conditions of employment for persons who are to have their conditions of employment determined in accordance with that subsection. Where the conditions of employment agreed between the employer and the person to be appointed comply with the conditions of employment promulgated by the Commissioner, the employer shall, without any further action, be deemed to have obtained the written concurrence of the Commissioner to those conditions of employment.

(4)

In this section, education service excludes service in the employment of a tertiary education institution.

Section 75: substituted, on 15 May 1991, by section 9 of the State Sector Amendment Act 1991 (1991 No 31).

Section 75(1): amended, on 29 October 2016, by section 108(1) of the Education Legislation Act 2016 (2016 No 72).

Section 75(1): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

Section 75(1A): inserted, on 29 October 2016, by section 108(2) of the Education Legislation Act 2016 (2016 No 72).

Section 75(2): amended, on 29 October 2016, by section 108(3) of the Education Legislation Act 2016 (2016 No 72).

Section 75(2): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

Section 75(4): inserted, on 29 October 2016, by section 108(4) of the Education Legislation Act 2016 (2016 No 72).