Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 1 July 2021, amends Schedule 1A of the Employment Relations Act 2000 (the Act). The amendment adds employees who provide certain types of security services to the employees protected by Part 6A of the Act (continuity of employment if employees’ work affected by restructuring).
The protections in Part 6A of the Act will apply to an employee providing the specified types of security services if, as a result of a proposed restructuring,—
the employee will no longer be required by the employee’s employer to perform the work performed by the employee; and
the work performed by the employee (or work that is substantially similar) is to be performed by or on behalf of another person.
The order includes transitional provisions that provide that the protections in Part 6A of the Act will not apply to a restructuring in the following situations even if the restructuring takes effect after the commencement date:
if the restructuring involves a contracting in (as defined in section 69C of the Act) that takes effect as a result of the termination or expiry of an agreement before 23 August 2021; or
if the restructuring involves a contracting out or subsequent contracting (as defined in section 69C of the Act) that takes effect as a result of an agreement that was entered before the commencement date; or
if the restructuring involves a sale or transfer of a business (or part of a business) that takes effect as a result of an agreement that was entered before the commencement date.
Regulatory impact assessment
The Ministry of Business, Innovation, and Employment, produced a regulatory impact assessment on 10 November 2020 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact assessment can be found at—
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 1 April 2021.
This order is administered by the Ministry of Business, Innovation, and Employment.