Hon Trevor Mallard, in Committee, to move the following amendments:
“and Infant Feeding” (lines 3 and 4 on page 2) and substitute
“, Infant Feeding, and Other Matters”.
To omit lines 6 and 7 on page 2 and substitute the following:
To omit this clause (lines 12 to 20 on page 2) and substitute the following clause:
The purpose of this Act is—
New clause 4A
To insert the following clause after clause 4 (after line 20 on page 2):
(1) The amendments made by sections 5A and 5B, to the extent that they relate to terms and conditions in employment agreements,—
(2) The amendments made by sections 5A and 5B, to the extent that they relate to other matters, apply—
Clause 5: new section 69ZE
Subsection (2)(a): to omit
“rest period” (line 24 on page 5) and substitute
Subsection (4): to omit
“meal break” (line 36 on page 5) and substitute
New clauses 5A and 5B
To insert the following clauses after clause 5 (after line 25 on page 6):
5A Personal grievance
(1) Section 103(1)(g) is amended by adding
(2) Section 103(1) is amended by adding the following paragraph:
5B New section 110A inserted
The following section is inserted after section 110:
“110A Membership of KiwiSaver scheme or complying superannuation fund
“(1) For the purposes of section 103(1)(h) , an employee's employment is adversely affected if—
“(b) the employee's employer refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially similar qualifications, experience, or skills (comparable employees) employed in the same or substantially similar circumstances; and
“(2) Without limiting subsection (1), an employee's employment is adversely affected if—
“(3) To avoid doubt, for the purposes of subsection (2)(a), an employee's salary or wages—
New clause 7
To insert the following clause after clause 6 (after line 28 on page 6):
7 Consequential amendment to KiwiSaver Act 2006
Section 101B of the KiwiSaver Act 2006 is amended by repealing subsection (5) and substituting the following subsection:
This Supplementary Order Paper amends the Employment Relations (Breaks and Infant Feeding) Amendment Bill. The amendments relate principally to employees' membership of a KiwiSaver scheme or a complying superannuation fund.
Clause 1, the Title clause, is amended to reflect that the Bill is not limited to breaks and infant feeding.
Clause 2, the commencement clause, is redrafted so that—
the amendments made by the Supplementary Order Paper relating to Kiwisaver schemes and complying superannuation funds come into force on the day after the date on which the Bill receives the Royal assent; and
the amendments in the rest of the Bill come into force on 1 April 2009.
Clause 4, which sets out the purpose of the Bill, is redrafted to add a further purpose. This is to make it a ground for a personal grievance for an employee's employment to be adversely affected because he or she is a member of a KiwiSaver scheme or a complying superannuation fund.
New clause 4A provides that the amendments made by new clauses 5A and 5B, to the extent that they relate to terms and conditions in employment agreements, apply—
to employment agreements entered into on or after 2 September 2008; and
to variations of employment agreements entered into before 2 September 2008, but only if the variations were made on or after 2 September 2008.
The clause also provides that the amendments made by new clauses 5A and 5B, to the extent that they relate to other matters, apply only to matters occurring on or after 2 September 2008, whether or not an employee's employment agreement was entered into before 2 September 2008.
The amendments to clause 5 are drafting amendments.
New clause 5A amends section 103 of the principal Act, which specifies the grievances that constitute personal grievances for the purposes of the principal Act. The amendment inserts a new ground that an employee's employment has been adversely affected because the employee is a member of a KiwiSaver scheme under the KiwiSaver Act 2006 or a complying superannuation fund.
New clause 5B inserts new section 110A in the principal Act. The new section specifies what behaviour by an employer constitutes the new ground for a personal grievance inserted by new clause 5A.
New clause 7 makes a consequential amendment to the KiwiSaver Act 2006.