Employment Relations Act 2000

Transitional provisions

Schedule 1A: Employees to whom subpart 1 of Part 6A applies

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"Workers in jobs like cleaning, catering, or security in schools, hospitals, or government"

Subpart 1 of Part 6A of the Employment Relations Act 2000 applies to you if you work in certain jobs. These jobs include cleaning, food catering, caretaking, or laundry services in schools, hospitals, or age-related residential care. You may also be covered if you work in cleaning or food catering in the public service or local government sector, or in airports or the aviation sector.

Some security jobs are also covered, such as guarding property, monitoring cameras, or working as a crowd controller. This includes jobs like escort duty, courtroom custodial duty, mobile security patrols, or collecting cash. You can find more information about what these jobs mean by looking at the Private Security Personnel and Private Investigators Act 2010, the Corrections Act 2004, or the Courts Security Act 1999.

However, some jobs are not covered, such as those done by court security officers, corrections officers, or police employees. You can find more information about these exceptions by looking at the Courts Security Act 1999, the Corrections Act 2004, or the Policing Act 2008.

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1AEmployees to whom subpart 1 of Part 6A applies Empowered by ss 69C, 237A

Employees who provide the following services in the specified sectors, facilities, or places of work:

  • cleaning services, food catering services, caretaking, or laundry services for the education sector (being the public and private pre-school, primary, secondary, and tertiary educational institutions):
    1. cleaning services, food catering services, orderly services, or laundry services for the health sector (being any hospital, as defined by the Hospitals Act 1957 and any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992):
      1. cleaning services, food catering services, orderly services, or laundry services in the age-related residential care sector:
        1. cleaning services or food catering services in the public service (as defined in section 10 of the Public Service Act 2020) or local government sector:
          1. cleaning services or food catering services in relation to any airport facility or for the aviation sector:
            1. cleaning services or food catering services in relation to any other workplace:
              1. services in the security sector,—
                1. including any 1 or more of the following in any workplace:
                  1. guarding real or personal property belonging to another person:
                    1. monitoring in real time, from any part of a premises, images from a camera or similar device on the same premises:
                      1. services provided by a crowd controller employee (as defined in section 19 of the Private Security Personnel and Private Investigators Act 2010):
                        1. escort duty and courtroom custodial duty as those terms are defined in section 3 of the Corrections Act 2004:
                          1. mobile security patrols:
                            1. collecting cash from any premises; but
                            2. excluding services of the type described in the following sections of the Private Security Personnel and Private Investigators Act 2010:
                              1. section 13 (meaning of private investigator employee):
                                1. section 14 (meaning of security technician employee):
                                  1. section 15 (meaning of security consultant employee):
                                    1. section 16 (meaning of confidential document destruction agent employee):
                                      1. section 16A (meaning of repossession employee):
                                        1. section 18 (meaning of personal guard employee); and
                                        2. excluding services carried out by any of the following persons:
                                          1. an appointed court security officer (as defined in section 2 of the Courts Security Act 1999):
                                            1. an officer (as defined in section 3(1) of the Corrections Act 2004) other than a person appointed or engaged under section 17(2) of that Act to undertake escort duties or courtroom custodial duties:
                                              1. a Police employee (as defined in section 4 of the Policing Act 2008).
                                            2. Notes
                                              • Schedule 1A paragraph (d): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                              • Schedule 1A paragraph (f): amended, on , by section 12 of the Employment Relations Amendment Act 2015 (2015 No 73).
                                              • Schedule 1A paragraph (g): inserted, on , by clause 4 (and see clause 3 for transitional provisions) of the Employment Relations (Extending Part 6A Protections to Security Officers) Order 2021 (LI 2021/58).