• Tony Teesdale

Still More Changes to Employment Laws

Many of the changes you’ve heard about are now in effect, but there are more to come.

Domestic Violence – Victims of domestic violence now have the right to make a request for flexible working arrangements; and the right to up to 10 days paid leave per year.

Employment Relations Act – By the time you read this, the remaining changes to the Employment Relations Act will be in force. 

  • Employers must pass on certain union information to new employees where there is a collective agreement in force. An employer may refuse to pass on information that is confidential or is likely to mislead a new employee.
  • Employers must provide certain information about new employees to unions, but only where there is a collective agreement in force. The employer must provide information about whether or not new employees intend to join the union, unless the new employee objects. MBIE has developed a specific form for this.
  • Union delegates are entitled to reasonable paid time to represent employees.  There is no prescribed ratio for the number of delegates, or how long they may spend on union business, but the employer’s business must not be unreasonably disrupted.
  • The parties bargaining for a collective agreement are obliged to reach agreement unless there is a genuine reason not to, based on reasonable grounds.
  • Pay rates must be specified in collective agreements.
  • New employees must be employed on the terms of any applicable collective agreement for the first 30 days of their employment. Any additional terms must be no less favourable to the employee. At the end of 30 days the terms may be varied as the parties mutually agree.
  • Trial periods are only available to employers who employ fewer than 20 employees.
  • Meal breaks are specified as to number, duration and timing. The only exemption is for essential services.
  • Protection for vulnerable workers. In the sale and transfer of undertakings, employees (such as those employed in food catering and cleaning) have certain protections, including the right to transfer to the new employer on their existing terms. This now applies to employers employing fewer than 20 employees.

Upcoming Changes

  • Triangular Employment Bill – This was gutted in Select Committee.  All that remains is the ability for employees of employers like labour hire companies, to join the employer contracting them to their personal grievance, but only if the Employment Relations Authority agrees. Awaiting a Third Reading in the House.
  • Equal Pay Amendment Bill – The Select Committee report was due 16 April.
  • Fair Pay Agreements – Draft legislation expected at end of the year. 
  • Holidays Act Review – Recommendations expected later this year.

Issue 98 May 2019