Employment Relations Amendment Bill

The Government has released the text of its highly anticipated Employment Relations Amendment Bill.  In the main, the Bill consists of previously announced changes but also includes a proposal to speed up the Authority’s decision-making process.  In summary, the Bill:

• • - Removes the current requirement for parties in bargaining to conclude a collective agreement, unless there is genuine reason not to as part of the duty of good faith;

  • - Enables the Authority to declare collective bargaining at an end on the application of any party to the bargaining.  Bargaining may then be re-initiated after 60 days;

  • - Enables employers and unions to initiate bargaining at the same time, removing the 20 day head start currently provided to unions in the Act;

  • - Allows employers to opt out of bargaining for a multi-employer collective agreement;

  • - Repeals the “30 day rule” which requires new employees to be employed on the terms of any applicable workplace collective agreement;

  • - Requires a party to provide advance written notice of any strike or lockout and enables employers to make partial deductions from the pay of employees engaging in partial strikes;

  • - Reforms Part 6A which gives rights to “vulnerable” employees in restructuring situations by clarifying the transfer process and exempting employers with 19 or fewer employees from some of Part 6A’s requirements, including the requirement to accept transferring employees;

  • - Clarifies and limits an employer’s obligations to disclose information to employees where their employment is “at risk” for example, during restructuring;

  • - Provides greater flexibility around the taking and timing of rest and meal breaks and provides for reasonable compensatory measures for those employees who cannot take breaks;

  • - Extends the right to request flexible working arrangements to all employees at any time during employment and removes restrictive criteria about the number and timing of applications;

  • - Requires the Authority to either give an oral determination at the end of an investigation meeting, or to give an oral indication of its findings, with a written determination to be issued within three months.

The Minister of Labour, Hon Simon Bridges, stated that the Bill is aimed at improving fairness and flexibility in workplace relations.  The Minister also described the changes as “pragmatic and aimed at giving employers and employees more certainty, fairness and flexibility.  These are all important ingredients in lifting productivity and helping businesses to grow and create jobs.”

If you would like to discuss the implications of the Bill for your business, please do not hesitate to contact us.  There will be an opportunity to make submissions to the Select Committee considering the Bill and we would be pleased to assist in drafting or commenting as required.

 

 

Kiely Thompson Caisley Wellington Seminar - 15 May 2013

 

We are delighted to announce that KTC will be presenting our autumn seminar in Wellington on 15 May 2013.

 

The seminar will provide an update on developments in employment law in relation to social media issues and disciplinary investigations. 

 

The seminar will be held in the CBD and will commence at 5:30. Attendees will also be welcome to share a drink with us beforehand from 5:15. 

 

If you wish to receive an invitation, please contact spooner@ktc.co.nz