Employment Relations (Triangular Employment) Amendment Bill

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Employment Relations (Triangular Employment) Amendment Bill

Member’s Bill

17—1

Explanatory note

General policy statement

This Bill has 2 purposes. The first is to ensure that employees employed by one employer, but working under the control and direction of another business or organisation, are not deprived of the right to coverage of a collective agreement covering the work being performed for that other business or organisation.

The second purpose is to ensure that such employees are not subjected to a detriment in their right to allege a personal grievance by providing that where an employee is employed by one employer, but working under the control and direction of another business or organisation, that employee may join the other business or organisation that is party to any personal grievance action. Such joinder requires the leave of the Authority or the court.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and provides that the Bill comes into force on the day after the date on which it receives the Royal assent.

Clause 3 provides that the Bill amends the Employment Relations Act 2000 (the principal Act).

Clause 4 amends section 5 to extend the definition of applicable collective agreement to include any collective agreement binding an employee and a primary employer under new section 56(1)(c) and inserts two new definitions of primary employer and secondary employer.

Clause 5 inserts in section 56 a new subsection (1)(c) to provide that employees of a primary employer may in certain circumstances be bound by a collective agreement to which the secondary employer is a party.

Clause 6 inserts a new section 102A to provide that in certain circumstances an employee of a primary employer may, with the leave of the Authority or court, join a secondary employer to a personal grievance.