69B Interpretation

In this subpart, unless the context otherwise requires,—

agreement means a contract or arrangement

contracting in has the meaning set out in section 69C

contracting out has the meaning set out in section 69C

independent contractor means a person engaged to perform work under an agreement that is not an employment agreement

new employer has the meaning set out in section 69D

redundancy entitlements includes redundancy compensation

restructuring

(a)

means—

(i)

contracting out; or

(ii)

contracting in; or

(iii)

subsequent contracting; or

(iv)

selling or transferring an employer’s business (or part of it) to another person; but

(b)

to avoid doubt, does not include,—

(i)

in the case of an employer that is a company, the sale or transfer of any or all of the shares in the company; or

(ii)

any contract, arrangement, sale, or transfer entered into, made, or concluded while the employer is adjudged bankrupt or in receivership or liquidation

specified date has the meaning given to it by section 69I(4)

subcontractor

(a)

means a person engaged by an independent contractor to perform work—

(i)

under an agreement that is not an employment agreement; and

(ii)

that the independent contractor has agreed to perform for another person; and

(b)

includes another person engaged by a subcontractor (within the meaning of paragraph (a)) to perform the work or part of the work under an agreement that is not an employment agreement

subsequent contracting has the meaning set out in section 69C

work, in relation to work performed by an employee, includes part of the work performed by the employee.

Section 69B: substituted, on 14 September 2006, by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).

Section 69B associated person: repealed, on 6 May 2019, by section 39 of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 69B exempt employer: repealed, on 6 May 2019, by section 39 of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 69B specified date: inserted, on 6 March 2015, by section 32 of the Employment Relations Amendment Act 2014 (2014 No 61).