Darien Fenton, in Committee, to move the following amendments:
“Minimum” (line 3 on page 2).
Part 1 heading
To omit this heading (lines 5 and 6 on page 2).
To insert the following heading after clause 2 (after line 9 on page 2):
“the day after the date on which it receives the Royal assent” (lines 8 and 9 on page 2) and substitute
“1 April 2009”.
“the Act that was previously called” after
“amends” (line 11 on page 2).
To omit this clause (lines 12 to 16 on page 2) and substitute the following clause:
The purpose of this Act is to—
New clause 5AA
To insert the following clause after the heading to Part 2 (after line 18 on page 2):
5AA Long Title repealed
The Long Title is repealed.
To omit subclauses (1) and (2) (lines 20 to 23 on page 2) and substitute the following subclauses:
To omit this clause (lines 24 to 28 on page 2) and substitute the following clause:
Section 2 is amended by inserting the following definitions in their appropriate alphabetical order:
“principal, in relation to a specified person, means a person who—
“remuneration means the payment by a principal to a specified person who provides services to the principal under a contract for service for that part of the service that relates to the provision of labour by the specified person
To omit this clause (lines 1 to 13 on page 3) and substitute the following clause:
7 New sections 4A and 4B inserted
The following sections are inserted after section 4:
“4A Prescription of minimum remuneration
The Governor-General may by Order in Council prescribe the minimum rate of remuneration payable to specified persons for providing 1 or more of the services listed in Schedule 2.
“4B Establishing actual rate of remuneration
The following matters must be satisfied in establishing the actual rate of remuneration of a specified person for providing a service listed in Schedule 2:
New clauses 7A, 7B, and 7C
To insert the following clauses after clause 7 (after line 13 on page 3):
7A Annual review of minimum wages
(1) The heading to section 5 is amended by adding
(2) Section 5(1) is amended by omitting
“pursuant to section 4 of this Act” and substituting
“under sections 4, 4A and 4B”.
(3) Section 5 is amended by adding the following new subsections:
7B New section 5A inserted
The following section is inserted after section 5:
“5A Comprehensive review of minimum rate of remuneration
“(1) After 3 years’ implementation of the rates prescribed in section 4B(e), the Minister must—
“(2) The Minister must present a copy of the comprehensive review to the House of Representatives no later than 6 months after the date of implementation of the rate prescribed in section 4B(e)(iii).
7C Payment of minimum wages
Section 6 is amended by omitting
“under this Act, shall be entitled” and substituting
“under section 4 is entitled”.
Clause 8: new section 6A
To omit lines 17 to 21 on page 3 and substitute the following:
Despite anything to the contrary in any enactment, agreement, or contract for services, if the minimum rate of remuneration is prescribed under section 4A, every specified person providing a service listed in Schedule 2 to a principal is entitled to receive payment for providing the service at not less than the minimum rate.
New clause 8A
To insert the following clause after clause 8 (after line 21 on page 3):
8A New sections 8B and 8C inserted
The following sections are inserted after section 8A:
“8B Remuneration record to be kept
“(1) This section applies if—
“(2) The principal must keep a remuneration record that contains the following information in respect of the specified person:
“(3) Information entered in the remuneration record must be kept for not less than 6 years after the date on which the information is entered.
“8C Specified person and Labour Inspector may request access to remuneration record
“(1) A specified person or a Labour Inspector may request that a principal provide access to, or a copy of, or a certified extract from, information in the remuneration record relating to a specified person.
“(2) A principal who receives a request under subsection (1) must comply as soon as practicable with the request by—
To omit subclause (2) (lines 25 to 30 on page 3).
New clause 9A
To insert the following clause after clause 9 (after line 30 on page 3):
9A New sections 11AB and 11AC inserted
The following sections are inserted after section 11A:
“11AB Recovery of minimum remuneration
“(1) This section applies to the recovery of minimum remuneration prescribed under section 4A and payable by a principal to a specified person.
“(2) The specified person, or a Labour Inspector, may commence an action in the Employment Relations Authority in the same manner as an action under section 131 of the Employment Relations Act 2000 for the recovery of the whole or any part of minimum remuneration, if—
“(4) No action to recover minimum remuneration may be commenced under this section more than 6 years after the date on which the cause of action arose.
“11AC Specified person may not recover minimum remuneration for time that exceeds agreed reasonable time to provide service
“(1) This section applies if—
“(2) Despite section 11AB(3)(b)(ii), the specified person may not recover any minimum remuneration that relates to the actual time taken to provide the service that exceeds the reasonable amount agreed.”
Heading above clause 10
To omit this heading (line 31 on page 3).
To omit this clause (line 32 on page 3 to line 4 on page 4).
New clause 11
To insert the following clause after clause 10 (after line 4 on page 4):
11 New Schedule 2 added
(1) The Schedule 2 set out in the Schedule of this Act is added as Schedule 2.
(2) The Schedule is consequentially renumbered as Schedule 1.
(3) Section 14 is consequentially amended by omitting
“the Schedule to this Act” and substituting
To omit the Schedule (on page 5) and substitute the following Schedule:
The following services provided under a contract for service:
This Supplementary Order Paper replaces SOPs No 212 and 207 and amends the Minimum Wage and Remuneration Amendment Bill. Further changes to the original SOP provide for the re-location of the Part 1 heading to appear after the commencement clause and provisions to ensure that minimum rates of remuneration can not be less than the minimum wage.