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Proposed Changes Employment Relations Act 2000

Published 07 Apr 2013

One area of the proposed changes aims to deals with 'vulnerable workers' whose work is affected by restructuring by further clarifying Part 6A of the Act.

The proposed changes include:
  • Exempting the necessary complying with Part 6A for employers with fewer than 20 employees
  • Provision for individual employee information to be given to the incoming employer by the former employers
  • Detailing a process to help former and new employers to apportion accrued service-related entitlements of employees
  • Adding additional penalties and compliance orders for non-compliance with Part 6A.
Amendments to the collective bargaining regime are also expected,

The proposed changes include:
  • Allow employers to opt-out of multi-employer bargaining
  • Allow pay reductions in cases of partial strike action
  • No longer require non-union members to be employed under the terms and conditions of a collective agreement (where one is in force which covers their work) for the first 30 days of employment.
  • Empower the Employment Relations Authority to declare the end of collective bargaining in certain circumstances

There is no legislative time table regarding the proposed changes so we are unable to advise when they are likely come before Parliament.