Employment Relations Act 2000

Continuity of employment if employees' work affected by restructuring - Specified categories of employees

69M: New employer becomes party to collective agreement that binds employee electing to transfer

You could also call this:

“When a worker changes jobs, their new boss has to follow the old work agreement, but only for that worker.”

If you choose to transfer to a new employer, and you’re part of a union with a collective agreement, this law affects you. Even if your new employer isn’t part of your union’s collective agreement, they become part of it just for you. This happens from the day you start working for them. It only applies to you and doesn’t affect other workers. This rule helps make sure you keep the benefits of your collective agreement when you change jobs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59648.

Topics:
Work and jobs > Worker rights
Business > Industry rules

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69LC: Implied warranty by employer of transferring employees, or

“The old boss promises not to make bad changes to workers' jobs before they move to a new boss.”


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69N: Employee who transfers may bargain for redundancy entitlements with new employer, or

“If you choose to work for a new company, you can ask for money if they want to let you go because of the change.”

Part 6A Continuity of employment if employees' work affected by restructuring
Specified categories of employees

69MNew employer becomes party to collective agreement that binds employee electing to transfer

  1. This section applies if—

  2. an employee who elects to transfer to a new employer is a member of a union and bound by a collective agreement; and
    1. the new employer is not a party to the collective agreement that the union is a party to.
      1. On and from the date on which the employee becomes an employee of the new employer, the new employer becomes a party to the collective agreement, but only in relation to, and for the purposes of, that employee.

      Notes
      • Section 69M: substituted, on , by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).