This Act may be cited as the New Zealand Railways Corporation Amendment Act (No. 2) 1987, and shall be read together with and deemed part of the New Zealand Railways Corporation Act 1981 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the 1st day of August 1987.

2 Interpretation

(1)

In respect of the period beginning with the commencement of this section and ending with the commencement of section 20 of the State Services Conditions of Employment Amendment Act 1987, section 2(1) of the principal Act shall be read as if, for paragraph (a) of the definition of the term “conditions of employment” (as inserted by section 2(2) of the New Zealand Railways Corporation Amendment Act 1985), there were substituted the following paragraph:

“(a)

Includes all matters covered by section 7 of the State Services Conditions of Employment Act 1977; and”.

(2)

In respect of the period beginning with the commencement of this section and ending with the commencement of section 20 of the State Services Conditions of Employment Amendment Act 1987, section 2(1) of the principal Act shall be read as if, after the definition of the term “employee”, there were inserted the following definition:

“‘Enterprise unit’ has the meaning given to it by section 2 of the State Services Conditions of Employment Act 1977:”.

(3)

In respect of the period beginning with the commencement of this section and ending with the commencement of section 20 of the State Services Conditions of Employment Amendment Act 1987, section 2(1) of the principal Act shall be read as if, for the definition of the term “promotion”, there were substituted the following definition:

“‘Promotion’—

“(a)

Means advancement from one grade to another within an occupational class or transfer from one occupational class to another involving in either case an increase in maximum salary or wage; but

“(b)

Does not include—

“(i)

An appointment to an occupational class from an enterprise unit or vice versa; or

“(ii)

An appointment to or from a position for which there is a range of rates of remuneration prescribed:”.

(4)

In respect of the period beginning with the commencement of this section and ending with the commencement of section 20 of the State Services Conditions of Employment Amendment Act 1987, section 2(1) of the principal Act shall be read as if, after the definition of the term “railway line”, there were inserted the following definition:

“‘Ranges of rates of remuneration’ means a remuneration structure that—

“(a)

Fixes an upper limit and a lower limit of remuneration; and

“(b)

Is not confined to fixed salary levels or incremental steps within those limits; and

“(c)

Allows the Corporation to decide from time to time, within those limits, the actual remuneration that, subject to any other conditions of employment, is to be paid to the holder of a position or to any particular holder of a position:”.

3 Classification of Corporation

Section 73 of the principal Act is hereby amended by inserting, after the words “occupational classes”, the words “or enterprise units”.

4 Officers may be transferred from State Services or Education Service to Railways Corporation

Section 77(1) of the principal Act is hereby amended by inserting, after the words “and subgrade thereof”, the words “or enterprise unit”.

5 Positions may be filled by transfer of members already in Corporation

Section 85 of the principal Act is hereby amended by adding the following subsection:

“(8)

The Corporation, in making an appointment to—

“(a)

A position in an enterprise unit; or

“(b)

A position for which a range of rates of remuneration is prescribed,—

shall have regard to the foregoing provisions of this section notwithstanding that the appointment may not be a promotion as defined in this Act.”

6 Continuous review of classification and grading

Section 88 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

“(1)

The Corporation shall be responsible for conducting a continuous review of the grading of all positions in the Salaried Division, and in discharging this responsibility shall—

“(a)

Ascertain whether or not there is need to adjust the scope and content of occupational classes or enterprise units, or the conditions of employment of any occupational class or enterprise unit or the salary scale or grading pattern of any occupational class:

“(b)

Ensure that all positions are placed in—

“(i)

The occupational class most closely related to the nature of the duties involved; or

“(ii)

An enterprise unit:

“(c)

Ensure that every position in each occupational class is placed in a grade appropriate to the level of responsibility and skill required in the discharge of its functions:

“(d)

Ensure that every position in each enterprise unit is placed at a level appropriate to the level of responsibility and skill required in the discharge of its functions.”

7 Review of grading

Section 89 of the principal Act is hereby amended by adding the following subsection:

“(6)

This section shall not apply to—

“(a)

Any member of the Salaried Division who holds a position in an enterprise unit; or

“(b)

Any decision of the Corporation as to the remuneration to be paid to a member of the Salaried Division who holds a position in respect of which ranges of rates of remuneration are prescribed.”

8 Grading Committee

Section 90 of the principal Act is hereby amended by adding the following subsection:

“(10)

No Committee appointed under subsection (1) of this section shall have power to investigate—

“(a)

Any matter relating to the grading of any member of the Salaried Division who holds a position in an enterprise unit; or

“(b)

Any decision of the Corporation as to the remuneration to be paid to a member of the Salaried Division who holds a position in respect of which ranges of rates of remuneration are prescribed.”

9 Rights of appeal in respect of enterprise units and positions for which range of rates of remuneration is prescribed

The principal Act is hereby amended by inserting, after section 98, the following section:

“98a

“(1)

The Corporation and the appropriate service organisation may, by agreement in writing, confer on any member a right to appeal to the Railways Corporation Appeal Board in respect of an appointment to or from—

“(a)

A position in an enterprise unit; or

“(b)

A position for which a range of rates of remuneration is prescribed.

“(2)

An agreement under subsection (1) of this section may provide that the right of appeal conferred by the agreement is to be available only if conditions specified in the agreement are satisfied or if circumstances specified in the agreement exist.

“(3)

Sections 96, 97, 98(2), and 100 of this Act shall apply, with all necessary modifications, in respect of any appeal conferred by an agreement under subsection (1) of this section as if that appeal were an appeal to which section 92(2) of this Act applied.

“(4)

Every agreement under subsection (1) of this section shall be notified to employees of the Corporation by notice in an official circular or otherwise.

“(5)

Except where an appeal is conferred by an agreement under subsection (1) of this section, no appeal shall lie under this Act in respect of an appointment of the kind described in subsection (1) of this section.

“(6)

Nothing in this section prevents the Corporation and the appropriate service organisation agreeing on any other procedure for the review of an appointment of the kind described in subsection (1) of this section.”

10 Transitional provision in respect of service organisation membership

(1)

Where, at the commencement of the date appointed for the purposes of section 1(3) of the State Services Conditions of Employment Amendment Act 1987, any determination contains a service organisation membership clause (within the meaning of section 2 of the principal Act (as amended by section 2(3) of the New Zealand Railways Corporation Amendment Act 1985)), that clause shall continue to have effect according to its tenor, notwithstanding the coming into force of the provisions of the State Services Conditions of Employment Amendment Act 1987 so far as they relate to the New Zealand Railways Corporation.

(2)

Where a certificate relating to the result of a service organisation membership ballot has been issued by the Registrar of Industrial Unions under section 74i of the principal Act (as enacted by section 3 of the New Zealand Railways Corporation Amendment Act 1985), at any time after the 1st day of July 1985, that certificate shall have effect for a period of 3 years from its date and, if the certificate relates to a ballot that resulted in a service organisation membership clause remaining or being inserted in any determinations, the service organisation in respect of whose members the ballot was held may during those 3 years rely on the result of that ballot as requiring insertion of a union membership clause in any agreement binding on that service organisation and registered under Part VII of the Labour Relations Act 1987.

This Act is administered in the New Zealand Railways Corporation.

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New Zealand Railways Corporation Amendment Act (No 2) 1987