New Zealand Legislation: Bills

11 New heading and section 65AAB inserted

• The following heading and section are inserted after section 65AA (as inserted by section 5 of this Act):

  “Determination of certain terms and conditions of employment

  “65AAB Power to determine certain terms and conditions of employment

  • “(1) This section applies if an employee and employer cannot agree about 1 or more of the following:

    • “(a) whether or not the employee is employed for a fixed term:

    • “(b) whether or not the times the employee is to work are fixed:

    • “(c) if the employee's times of work are fixed, what the times of work are.

    “(2) A Labour Inspector or the Authority may, if requested by the employee or the employer, determine 1 or more of the matters specified in subsection (1).

    “(3) In making a determination, a Labour Inspector or the Authority must have regard to the following matters:

    • “(a) any written agreement containing, in whole or in part, the employee's terms and conditions of employment; and

    • “(b) whether, for the purposes of subsection (1)(a), section 66 has been complied with; and

    • “(c) the employee's patterns of work; and

    • “(d) whether the employee works for the employer only when work is available; and

    • “(e) the employer's work rosters or any other method of allocating work; and

    • “(f) the employer's expectations as to whether the employee, when requested, will be available for work; and

    • “(g) any other relevant factors.

    “(4) In making a determination, the Labour Inspector or the Authority must comply with the principles of natural justice.

    “(5) For the purposes of subsection (3), a Labour Inspector or the Authority is not to treat as a determining matter any written agreement containing, in whole or in part, the employee's terms and conditions of employment.

    “(6) A determination by a Labour Inspector or the Authority under this section—

    • “(a) is binding on the employee and employer; and

    • “(b) is to be treated as a term or condition of the employee's terms and conditions of employment and therefore may be varied by subsequent agreement between the employee and employer; but

    • “(c) in the case of a determination by a Labour Inspector, is subject to any determination of the Authority.

    “(7) In relation to a determination by a Labour Inspector, this section applies despite section 161(1)(a).”