Supplementary Order Paper No 7

No 7

House of Representatives

Supplementary Order Paper

Wednesday, 22 October 2014

Employment Relations Amendment Bill

Proposed amendments

Andrew Little, in Committee, to move the following amendments:

Clause 29

In clause 29, delete the definition of exempt employer (page 18, lines 37 to 38).

Clause 30

Delete clause 30 (page 21, line 5 to page 27, line 30).

Clause 30A

Delete clause 30A (page 27, line 31 to page 28, line 20).

Clause 31

Delete clause 31 (page 28, lines 21 to 27).

Clause 32

In clause 32, new section 69G(1)(d)(i), replace 5 working days (page 29, line 19) with 14 days .

In clause 32, delete new section 69G(3) and (3A) (page 30, lines 7 to 29).

Clause 34

Delete clause 34 (page 31, lines 17 to 30).

Clause 36

Delete clause 36 (page 34, line 28, to page 35, line 23).

Clause 39

In clause 39(1)(a), delete and the new employer were not an exempt employer (page 36, lines 9 to 10).

Clause 40

In clause 40(1), delete new section 69OC(2A) (page 38, line 37 to page 39, line 2).

Delete clause 40(2) and (4) (page 39, lines 3 to 15 and lines 17 to 20).

Explanatory note

This Supplementary Order Paper amends some of the Government’s changes to Part 6A of the Employment Relations Act 2000. Within the Government’s changes to Part 6A is an exemption for small employers. This exemption puts at risk the employment of vulnerable workers, creates an uneven playing field between employers in those industries, creates complexity and confusion where employers are not certain if the rule applies or not, and is likely to lead to less experienced workers in those areas as they move to more secure fields of work. This Supplementary Order Paper will remove this proposed exemption.

Also within the changes to Part 6A is a change to require the worker to give notice of intention to transfer to the new employer within 5 working days. This does not give workers adequate time to seek advice or make what can be a difficult decision. In addition it does not recognise the fact that many of these workers are shift workers and accordingly setting the timeframe by working days is inappropriate. This Supplementary Order Paper will amend it to allow 14 days.