Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
130 New sections 159FA to 159FD inserted

After section 159F, insert:

159FA Offers of employment in equivalent positions for Careers New Zealand employees

(1)

During the period beginning on 1 June 2017 and ending with the close of 30 June 2017, the Commission must offer employment in an equivalent position to every person who is an employee of Careers New Zealand (other than the chief executive) immediately before the commencement of this section.

(2)

The terms and conditions of an offer must be equivalent to those applying to the relevant employee immediately before the offer.

(3)

In this section, employment in an equivalent position means employment that is—

(a)

in substantially the same position; and

(b)

in the same general locality; and

(c)

on terms and conditions that are no less favourable than those applying to the employee immediately before the date the offer of employment is made to that employee; and

(d)

on terms that treat the period of service with Careers New Zealand (and every other period of service recognised by Careers New Zealand as continuous service) as if it were continuous service with the Commission.

Compare: 1988 No 20 s 61D(3), (5); 1989 No 80 ss 274A, 274B

159FB Effect of offers on certain agreements and entitlements

(1)

If a person accepts an offer,—

(a)

nothing in this Act or any other enactment—

(i)

binds the person to a collective agreement; or

(ii)

entitles the person to be bound by or enforce a collective agreement:

(b)

the change of employer does not constitute new employment for the purposes of—

(i)

enrolling in a KiwiSaver scheme under the KiwiSaver Act 2006:

(ii)

determining any entitlements under the Holidays Act 2003.

(2)

Subsection (1)(a) does not apply to a collective agreement to the extent that the parties agree otherwise.

159FC No compensation for technical redundancy of employees of Careers New Zealand

(1)

An employee of Careers New Zealand is not entitled to receive any payment or other benefit on the ground that—

(a)

the employee’s position in Careers New Zealand has ceased to exist; or

(b)

the employee declines to accept an offer of employment in an equivalent position.

(2)

This section overrides—

(a)

Part 6A of the Employment Relations Act 2000; and

(b)

any employee protection provision in any relevant employment agreement.

159FD Repeal of sections 159FA to 159FD

(1)

Sections 159FA to 159FC are repealed on 1 January 2018.

(2)

This section is repealed on 2 January 2018.