Most Read Contributor in New Zealand, September 2016
Most will likely be welcomed by employers so this may be a
timely opportunity to revisit your employment agreements and
practices to ensure that they are compliant. This is particularly
so if you will be engaged in collective bargaining or restructuring
Increased flexibility for rest breaks and meal breaks,
requiring employers to provide employees with a "reasonable
opportunity" for rest and meal times
Flexible working arrangements extended to all employees rather
than only those with caring responsibilities.
Employers able to opt out of bargaining for a multi-employer
Employers able to initiate bargaining at the same time as
"30 day rule" will be repealed, allowing more scope
for employers to negotiate individual terms and conditions at the
outset. Employers must still adviseemployees of the existence of
the collective agreement and provide contact details for the
Most strikes and lockouts to require advance written
Employers able to make partial pay deductions where employees
take partial strike action (say work to rule).
Good faith provisions amended to enable an employer to withhold
confidential information where disclosing it will result in the
unwarranted disclosure of a non-affected person's affairs.
Continuity of employment provisions under Part 6A expressly
allow employers to negotiate the apportionment of service related
Employment Relations Authority required to give an oral
decision or indication at the end of an investigation meeting and
written determinations within three months.
The information in this article is for informative purposes
only and should not be relied on as legal advice. Please contact
Chapman Tripp for advice tailored to your situation.
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Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
This WHS decision clarified the interpretation of s 19 of the Work Health and Safety Act 2011 (NSW).
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