New Zealand Legislation: Bills

5 New section 65AA inserted

• The principal Act is amended by inserting the following section after section 65:

  “65AA Terms and conditions of employment for employees who perform work for controlling third party where no collective agreement applies

  • “(1) This section applies where—

    • “(a) an employee is a member of a union, but the employee's employer is not a party to a collective agreement the coverage clause of which applies to work done by the employee for the employer; and

    • “(b) the employee performs work for the benefit of a controlling third party; and

    • “(c) the controlling third party is party to a collective agreement with the union; and

    • “(d) the work done by the employee for the benefit of the controlling third party comes within the coverage clause in the collective agreement.

    “(2) When the employee performs work for the controlling third party, the employee's terms and conditions of employment must not be inconsistent with the collective agreement referred to in subsection (1)(c) and (d) and, to the extent that they are, the terms and conditions in the collective agreement apply.”