This Amendment Paper amends the Employment Relations Amendment Bill (the Bill) to insert a new provision (new clause 25A) into Schedule 1AA of the Employment Relations Act 2000 (the Act).

New clause 25A relates to a person who, before the date on which the Bill comes into force (the commencement date), enters into an arrangement with another person (person B) to perform work for person B or facilitated by person B. It provides that the person performing the work is a specified contractor in relation to that arrangement on and from the commencement date if they meet the definition of a specified contractor on that date.

Whether new clause 25A applies to the person depends on whether, as at the commencement date, proceedings have been brought before the Employment Relations Authority (the Authority) or the Employment Court under section 6 of the Act to determine if the person is an employee in relation to the arrangement.

New clause 25A does not apply to the person if, as at the commencement date, such proceedings have been brought.

New clause 25A applies to the person if, as at the commencement date, no such proceedings have been brought.

If a person to whom new clause 25A applies brings such proceedings (or another person brings such proceedings on their behalf) before the Authority on or after the commencement date, new clause 25A(3) provides that the person is a specified contractor as per new clause 25A(2) even if the Authority determines that the person is an employee in relation to the period of the arrangement that falls before the commencement date.