Government introduces ERA Amendment
Bill
(posted 13/02/2006)
"Bill designed to protect New Zealand's most vulnerable workers introduced." Minister of Labour Ruth Dyson
Legislation that Minister of Labour Ruth Dyson says is designed
to protect New Zealand's most vulnerable workers was introduced to
Parliament February 16th.
The Government has introduced legislation to amend Part 6A of the
Employment Relations Act to clarify protections for employees who
are affected by the sale or transfer of a business, or contracting
out of work.
This legislation will give effect to the original policy intent of
the 2004 amendments and overtake a 2005 Employment Court decision
that said employees did not have employment protection in
succession to contract situations.
This Legislation is designed for groups the government deems
vulnerable employees, such as cleaners, but certainly not
exclusively, to have the right to transfer to a new employer on
their existing terms and conditions of employment when they are
affected by restructuring situations.
The Amendment Bill will:
• explicitly state that 'restructuring' includes the restructuring
situations such as contracting out, contracting in, succession to
contract and subsequent contracting situations and the sale or
transfer of an employer's business and provide a definition for
each;
• clarify that the right to transfer applies regardless of whether
a contract expires or is terminated, or ends before a new
contractor is appointed; and
• clarify that the right to transfer applies even where the new
contract holder is not currently an employer or does not intend to
have employees perform the work.
Ms Dyson intends to refer the Bill to the Transport and Industrial
Relations Select Committee.