Hon Michael Woodhouse
Government Bill
105—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
3 Principal Act
Part 1Amendments to principal Act
Amendments to Part 1 (Key provisions)
4 Section 4 amended (Parties to employment relationship to deal with each other in good faith)
5 Section 5 amended (Interpretation)
6 New section 5A inserted (Provisions affecting application of amendments to this Act)
5A Provisions affecting application of amendments to this Act
Amendments to Part 5 (Collective bargaining)
7 Section 31 amended (Object of this Part)
8 Section 32 amended (Good faith in bargaining for collective agreement)
9 Section 33 replaced (Duty of good faith requires parties to conclude collective agreement unless genuine reason not to)
33 Duty of good faith does not require collective agreement to be concluded
10 Section 41 amended (When bargaining may be initiated)
10A Section 43 amended (Employees' attention to be drawn to initiation of bargaining)
11 New sections 44A to 44C inserted
44A Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers
44B How to opt out
44C Effect of opting out
12 New section 50K and cross-heading inserted
Authority may determine that bargaining has concluded
50K Authority may determine that bargaining has concluded
12A New section 50KA inserted (Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration)
50KA Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration
13 Section 53 amended (Continuation of collective agreement after specified expiry date)
14 Section 59B amended (Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement)
Amendments to Part 6 (Individual employees' terms and conditions of employment)
15 Section 62 amended (Employer's obligations in respect of new employee who is not member of union)
16 Section 63 repealed (Terms and conditions of employment of new employee who is not member of union)
17 Section 63A amended (Bargaining for individual employment agreement or individual terms and conditions in employment agreement)
18 Section 65 amended (Terms and conditions of employment where no collective agreement applies)
19 Section 67A amended (When employment agreement may contain provision for trial period for 90 days or less)
Amendments to Part 6AA (Flexible working)
20 Section 69AA amended (Object of this Part)
20A Section 69AAA amended (Interpretation)
21 Section 69AAB replaced (When employee may make request)
69AAB When employee may make request
22 Section 69AAC amended (Requirements relating to request)
23 Section 69AAD repealed (Limitation on frequency of requests)
24 Section 69AAE replaced (Employer must notify decision as soon as possible)
69AAE Employer must notify decision as soon as possible
25 Section 69AAF amended (Grounds for refusal of request by employer)
26 Section 69AAI amended (Application to Authority)
27 Section 69AAL and cross-heading repealed
Amendments to Part 6A (Continuity of employment if employees' work affected by restructuring)
28 Section 69A replaced (Object of this subpart)
69A Object of this subpart
29 Section 69B amended (Interpretation)
30 New sections 69CA to 69CE inserted
69CA Exempt employer
69CB Warranty
69CC Persons warranty to be provided to
69CD Provision of information for purposes of giving warranty
69CE When warranty must be provided
30A New section 69DA inserted (Associated person)
69DA Associated person
31 Section 69E amended (Examples of contracting in, contracting out, and subsequent contracting)
31A New section 69FA inserted (Employer's breach of obligations not to affect employee's rights and new employer's obligations)
69FA Employer's breach of obligations not to affect employee's rights and new employer's obligations
32 Section 69G replaced (Notice of right to make election)
69G Notice of right to make election
33 Section 69H amended (Employee bargaining for alternative arrangements)
34 Section 69I amended (Employee may elect to transfer to new employer)
35 New sections 69LA to 69LC inserted
69LA Liability for costs of service-related entitlements of transferring employee
69LB Resolving disputes about apportioning liability for costs of service-related entitlements
69LC Implied warranty by employer of transferring employees
36 New section 69OAA inserted (False warranty: exempt employer)
69OAA False warranty: exempt employer
37 Subpart 2 heading in Part 6A replaced
38 Section 69OA replaced (Object of this subpart)
69OA Object of this subpart
39 Section 69OB amended (Interpretation)
40 Section 69OC amended (Disclosure of employee transfer costs information)
40A Section 69OD amended (Provision of employee transfer costs information by other persons)
41 New section 69OEA inserted (Disclosure of individualised employee information)
69OEA Disclosure of individualised employee information
42 Subpart 4 of Part 6A repealed
Amendments to Part 6D (Rest breaks and meal breaks)
43 Section 69ZC replaced (Interpretation)
69ZC Interpretation
44 Sections 69ZD and 69ZE replaced
69ZD Employee's entitlement to rest breaks and meal breaks
69ZE Timing and duration of rest breaks and meal breaks
69ZEA Compensatory measures
69ZEB Compensatory measure must be reasonable
45 Section 69ZF amended (Penalty)
46 Sections 69ZG and 69ZH replaced
69ZG Relationship between Part and employment agreements
69ZH Relationship between Part and other enactments
Amendments to Part 8 (Strikes and lockouts)
47 Section 80 amended (Object of this Part)
48 Section 86 amended (Unlawful strikes or lockouts)
49 New sections 86A and 86B and cross-heading inserted
Notice of strike or lockout
86A Notice of strike
86B Notice of lockout
50 Section 90 amended (Strikes in essential services)
51 Section 91 amended (Lockouts in essential services)
52 Section 93 amended (Procedure to provide public with notice before strike in certain passenger transport services)
53 Section 94 amended (Procedure to provide public with notice before lockout in certain passenger transport services)
54 Section 95 replaced (Penalty for breach of section 93 or section 94)
95 Penalty for breach of section 93(4) or 94(4)
55 New section 95AA and cross-heading inserted
Withdrawal of notice of strike or lockout
95AA Withdrawal of notice of strike or lockout
56 New sections 95A to 95H and cross-headings inserted
Interpretation
95A Meaning of partial strike and specified pay deduction
Specified pay deductions in relation to partial strike
95B Employer may make specified pay deductions in relation to partial strike
95C Notice of specified pay deduction
95D Calculation of specified pay deduction
95E Relationship between specified pay deduction and minimum wage
Rights of union in relation to specified pay deductions
95F Union may request information about specified pay deduction
95G Employer must respond to request for information about specified pay deduction
95H Resolution of problem relating to specified pay deduction
57 Section 100 amended (Jurisdiction of court in relation to injunctions)
Amendment to Part 9 (Personal grievances, disputes, and enforcement)
58 Section 140A amended (Compliance order in relation to disclosure of employee transfer costs information)
Amendments to Part 10 (Institutions)
59 Section 159A amended (Duty of Authority to prioritise previously mediated matters)
60 Section 161 amended (Jurisdiction)
60A New section 166B inserted
166B Delegation of Chief of Authority’s functions, duties, or powers
60B Section 173A amended (Recommendation to parties)
61 Section 174 replaced (Determinations)
174 Authority must give oral determination or oral indication of preliminary findings wherever practicable
174A Oral determinations
174B Oral indication of preliminary findings
174C Authority may reserve determination
174D Authority may determine matter without holding investigation meeting
174E Content of written determinations
61A Section 179 amended (Challenges to determinations of Authority)
61AB Section 181 amended (Report in relation to good faith)
61B Section 184 amended (Restriction on review)
Amendments to Part 11 (General provisions)
62 New section 237AA inserted (Chief executive may approve forms)
237AA Chief executive may approve forms
63 Section 237A repealed (Amendments to Schedule 1A)
Schedule 1 amended (Essential services)
63A Schedule 1 amended
Part 2Application, savings, transitional, and consequential provisions
64 New section 254 inserted (Application, savings, and transitional provisions relating to amendments to Act)
254 Application, savings, and transitional provisions relating to amendments to Act
65 New Schedule 1AA inserted
66 Consequential amendments to other Acts
Schedule 1New Schedule 1AA inserted
Schedule 2Consequential amendments to other Acts
Legislative history
The Parliament of New Zealand enacts as follows: