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254: Application, savings, and transitional provisions relating to amendments to Act
or “This section explains how changes to the law will be put into place and what rules will be followed during the change.”
You could also call this:

“How changes to the Employment Relations Act are applied over time”

This schedule explains how changes to the Employment Relations Act 2000 apply after they are made. Here are the key points:

The schedule covers changes made by several amendment acts between 2014 and 2023. It explains which parts of the law apply to events or agreements that happened before or after the changes.

For example:

  • Some new rules about collective bargaining apply to all bargaining, even if it started before the changes.

  • New rules about rest breaks and meal breaks apply differently depending on what arrangements were already in place.

  • Changes to personal grievance procedures for sexual harassment apply to events that happen after the changes come into effect.

  • Some changes to document requirements apply to documents created both before and after the changes.

The schedule helps make sure the law changes are applied fairly and consistently as the Employment Relations Act is updated over time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: Schedule 1: Essential services

or “List of essential services and related rules under the Employment Relations Act”
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1AAApplication, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013

1Provisions relating to Employment Relations Amendment Act 2014, Employment Relations Amendment Act 2016, and Employment Relations Amendment Act (No 2) 2016

1Interpretation

  1. In this Part,—

    2014 Act means the Employment Relations Amendment Act 2014

      2016 Act means the Employment Relations Amendment Act 2016

        2016 (No 2) Act means the Employment Relations Amendment Act (No 2) 2016.

        Notes
        • Schedule 1AA clause 1: replaced, on , by section 16(1) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
        • Schedule 1AA clause 1: amended, on , by section 49(2) of the Employment Relations Amendment Act 2018 (2018 No 53).

        2Application, savings, and transitional provisions arising from 2014 Act

        1. Despite the amendments made to section 4 of this Act by section 4 of the 2014 Act, section 4 of this Act (as it was immediately before it was amended by the 2014 Act) continues to apply in relation to proposed decisions referred to in section 4 of this Act—

        2. if the proposed decision was notified to the employee before the commencement of the 2014 Act; and
          1. whether the final decision on that proposal was made before, on, or after the commencement of the 2014 Act.

            1. Section 33 of this Act (as replaced by section 9 of the 2014 Act) applies to all bargaining, whether the bargaining commenced before, on, or after the commencement of the 2014 Act.

            2. Section 53 of this Act (as amended by section 15(1) of the 2014 Act) applies in relation to bargaining commenced by an employer, whether the bargaining commenced before, on, or after the commencement of the 2014 Act.

            3. Part 6AA of this Act (as amended by sections 22 to 30 of the 2014 Act) applies in relation to a request made under that Part before the commencement of the 2014 Act as follows:

            4. if the 3 months provided for in section 69AAE of this Act (as it was immediately before it was amended by the 2014 Act) expires within 1 month of the commencement of sections 22 to 30 of the 2014 Act, Part 6AA of this Act (as it was immediately before it was amended by the 2014 Act) continues to apply in relation to that request:
              1. if paragraph (a) does not apply, the employer must treat the request as having been made on the commencement of sections 22 to 30 of the 2014 Act, and Part 6AA of this Act (as amended by the 2014 Act) applies in relation to that request.

                1. Subclause (6) applies to restructurings (within the meaning of Part 6A of this Act as it was immediately before the commencement of the 2014 Act) for which the agreements are concluded before the commencement of the 2014 Act, even if the restructurings they relate to are to take effect after the commencement of the 2014 Act.

                2. Part 6A of this Act (as it was immediately before the commencement of the 2014 Act) continues to apply to the restructurings as if the 2014 Act had not been passed.

                3. Sections 80, 86, 90, 91, 93, and 94 of this Act (as amended by sections 53, 54, and 56 to 59 of the 2014 Act) and sections 86A and 86B of this Act (as inserted by section 55 of the 2014 Act) apply in relation to strikes and lockouts that commenced before, and continue on or after, the commencement of the 2014 Act as follows:

                4. the union or the employer (as the case may be) must give notice in accordance with this Act (as amended by the 2014 Act) on the commencement of the 2014 Act:
                  1. however, if a notice given by the union or the employer before the commencement of the 2014 Act—
                    1. complies fully with the notice requirements of this Act (as amended by the 2014 Act), no further notice is required:
                      1. complies partly with the notice requirements of this Act (as amended by the 2014 Act), those notice requirements are satisfied by the union or employer providing notice of the additional matters required under this Act (as amended by the 2014 Act), and the provisions of this Act referred to in this subsection must be read accordingly.

                      2. Section 95AA of this Act (as inserted by section 61 of the 2014 Act) applies to a notice—

                      3. given under subclause (7)(a); or
                        1. referred to in subclause (7)(b).

                          1. Despite section 95B of this Act (as inserted by section 62 of the 2014 Act), an employer must not make a specified deduction of pay in relation to—

                          2. any partial strike that ended before the commencement of the 2014 Act; or
                            1. any period of a partial strike that occurred before the commencement of the 2014 Act.

                              1. Section 174 of this Act (as it was immediately before the 2014 Act) continues to apply to matters commenced in the Authority before the commencement of the 2014 Act as if the 2014 Act had not been passed.

                              2. On the commencement of the 2014 Act, any request made under section 237A(3)(a) of this Act lapses and, to avoid doubt, neither the Minister nor any other person is required to take any action, or any further action, in relation to such a request.

                              3Application, savings, and transitional provisions arising from 2016 Act

                              1. The amendments made by the 2016 Act do not apply to conduct that occurred before the commencement of that Act.

                              2. If a collective agreement (the previous agreement) is in force immediately before the commencement of the 2016 Act (whether or not bargaining has been initiated under section 41(3) or (4)), sections 67C to 67H (as inserted by section 9 of that Act) apply to—

                              3. any collective agreement that replaces the previous agreement, on the commencement of the replacement agreement; and
                                1. an individual employment agreement that comes into force under section 61(2)(a), based on the previous agreement and any additional terms and conditions agreed under section 61(1), on the commencement of the individual employment agreement.

                                  1. If an individual employment agreement has been entered into, or has come into force under section 61(2)(a), before the commencement of the 2016 Act, sections 67C to 67H (as inserted by section 9 of that Act) apply to the agreement from 1 April 2017.

                                  2. Subclause (1) applies subject to subclauses (5) to (7).

                                  3. The amendment to section 140 (made by section 17 of the 2016 Act) (which relates to compliance orders made by the court) applies to an order imposing a fine whether the breach that the fine relates to occurred before, on, or after the commencement of the 2016 Act.

                                  4. Sections 159AA (inserted by section 22 of the 2016 Act) and 188A (inserted by section 25 of the 2016 Act) (both relating to when mediation in relation to breaches of employment standards is appropriate)—

                                  5. apply only to proceedings filed after the commencement of the 2016 Act; but
                                    1. may apply to conduct whether it occurred before, on, or after the commencement of the 2016 Act.

                                      1. Section 234 (which relates to the circumstances in which officers, directors, or agents of a company are liable for minimum wages and holiday pay) continues to apply (despite its repeal by section 35 of the 2016 Act) to proceedings brought in relation to conduct that occurred before the commencement of the 2016 Act, whether or not the proceedings were brought before that commencement.

                                      Notes
                                      • Schedule 1AA clause 3: inserted, on , by section 38(2) of the Employment Relations Amendment Act 2016 (2016 No 9).

                                      4Application, savings, and transitional provision arising from 2016 (No 2) Act

                                      1. A person holding office as a temporary Judge under section 207 immediately before the commencement of this clause continues to hold office on the same terms as if he or she were appointed as an acting Judge under section 207.

                                      Notes
                                      • Schedule 1AA clause 4: inserted, on , by section 16(2) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).

                                      1AProvisions relating to Part 1 of Domestic Violence—Victims' Protection Act 2018

                                      4AInterpretation

                                      1. In this Part, 2018 Part means Part 1 of the Domestic Violence—Victims' Protection Act 2018.

                                      Notes
                                      • Schedule 1AA clause 4A: inserted, on , by section 16(3) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).

                                      Provisions relating to flexible working short-term for people affected by family violence

                                      4BApplication to pre-commencement family violence

                                      1. Part 6AB applies even if all or any of the family violence occurred before the commencement of the 2018 Part.

                                      Notes
                                      • Schedule 1AA clause 4B: inserted, on , by section 16(3) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
                                      • Schedule 1AA clause 4B heading: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
                                      • Schedule 1AA clause 4B: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).

                                      Provisions relating to adverse treatment in employment of people affected by family violence

                                      4CApplication to pre-commencement family violence

                                      1. Sections 103(1)(da), 108A, 111, and 123(1)(d) apply even if all or any of the family violence occurred before the commencement of the 2018 Part.

                                      Notes
                                      • Schedule 1AA clause 4C: inserted, on , by section 16(3) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
                                      • Schedule 1AA clause 4C heading: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
                                      • Schedule 1AA clause 4C: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).

                                      2Provisions relating to Employment Relations Amendment Act 2018

                                      5Interpretation

                                      1. In this Part, 2018 Act means the Employment Relations Amendment Act 2018.

                                      Provisions relating to collective bargaining and unions

                                      6Duty to conclude applies to bargaining initiated before commencement

                                      1. Sections 31 to 33 of this Act (as amended by sections 12 to 14 of the 2018 Act) apply to all bargaining that has not concluded before the commencement of sections 12 to 14 of the 2018 Act, whether the bargaining was initiated before or on the commencement of sections 12 to 14 of the 2018 Act.

                                      7Existing opt-out notice under section 44B continues to have effect

                                      1. Sections 44B(3), 44C, and 53(2A) (as they were immediately before they were repealed by sections 16 and 18 of the 2018 Act) continue to apply in relation to an opt-out notice given before the commencement of this clause in accordance with section 44B (as it was immediately before it was repealed by section 16 of the 2018 Act).

                                      8Existing declarations or determinations under section 50K continue to have effect

                                      1. The following continue to have effect as if sections 17, 18, and 35 of the 2018 Act had not come into force:

                                      2. any declaration or determination made by the Authority under section 50K(3) or (4) or 50KA(2) before the commencement of this clause:
                                        1. any orders or recommendations made by, or directions issued by, the Authority under section 50KA(5) before the commencement of this clause.

                                          1. Sections 53(4) and 161(1)(cba) (as they were immediately before they were repealed by sections 18 and 35 of the 2018 Act) continue to apply in relation to any declaration or determination made by the Authority under section 50K(3) before the commencement of this clause.

                                          2. However, an application made under section 50K (as it was immediately before it was repealed by section 17 of the 2018 Act) that is not determined or dismissed before the commencement of this clause must be treated as if it had not been made.

                                          9Requirement for collective agreement to include rates of wages or salary applies only to collective agreement concluded on or after commencement

                                          1. Section 54 (as amended by section 19 of the 2018 Act) applies to a collective agreement concluded on or after the commencement of section 19 of the 2018 Act whether bargaining for the agreement was initiated before, on, or after the commencement of section 19 of the 2018 Act.

                                          2. Section 54 (as it was immediately before it was amended by section 19 of the 2018 Act) continues to apply to a collective agreement concluded before the commencement of section 19 of the 2018 Act.

                                          10Amendments relating to new employees apply to employees who enter into IEAs on or after commencement

                                          1. Sections 62 and 62A of this Act (as inserted by section 22 of the 2018 Act) apply to a new employee who commences work with an employer, or signs an employment agreement with an employer, on or after the commencement of section 22 of the 2018 Act.

                                          2. Section 63B of this Act (as inserted by section 24 of the 2018 Act) applies to an employer who is bargaining with an individual on or after the commencement of section 24 of the 2018 Act for terms and conditions of employment for the first 30 days of the individual’s employment under section 62 (as inserted by section 22 of the 2018 Act) whether the bargaining was initiated before, on, or after the commencement of section 22 of the 2018 Act.

                                          11Union may provide information about role and functions of union for employer to pass on to new employees before commencement of section 24 of 2018 Act

                                          1. If the union requests, on or after the commencement of section 11 of the 2018 Act but before the commencement of section 24 of the 2018 Act, that an employer provide certain specified information to new employees, the reference to section 63B(3)(b) in section 30A (as inserted by section 11 of the 2018 Act) must be read as if section 63B(3)(b) had already commenced.

                                          2. However, an employer who receives information under section 30A before the commencement of section 24 of the 2018 Act is required to provide the information only on or after the commencement of section 63B(3)(b) (as inserted by section 24 of the 2018 Act).

                                          12Specified pay deductions must cease on commencement

                                          1. An employer who is making specified pay deductions from the salary or wages of an employee under section 95B must cease the deductions on the commencement of sections 29 and 30 of the 2018 Act.

                                          2. Sections 95F to 95H and section 100(1)(c), (2)(c), (4), and (5) (as they were immediately before they were repealed by sections 29 and 30 of the 2018 Act) continue to apply in relation to any specified pay deductions made before the commencement of this clause.

                                          Provisions relating to trial periods of 90 days or less

                                          13Trial provisions contained in employment agreements entered into before commencement continue to apply

                                          1. A trial provision contained in an employment agreement entered into before the commencement of sections 36 and 37 of the 2018 Act in accordance with section 67A (as it was immediately before it was replaced by section 36) of the 2018 Act continues to apply as if sections 36 and 37 of the 2018 Act had not commenced.

                                          Provision relating to rest breaks and meal breaks

                                          14Employees receiving compensatory measures before commencement of section 43 of 2018 Act

                                          1. This provision applies to an employee who is receiving compensatory measures under sections 69ZEA and 69ZEB (as they were immediately before they were replaced by section 43 of the 2018 Act) (existing compensatory measures).

                                          2. On the commencement of section 43 of the 2018 Act, if an exemption under section 69ZEA(1) applies to an employer providing existing compensatory measures,—

                                          3. the employer and employee may agree that any rest breaks and meal breaks are to be taken in a different manner (including the number and timing of breaks) than that specified in Part 6D; but
                                            1. if the employer and employee are unable to reach agreement under paragraph (a), the employee is entitled to, and the employee’s employer must provide the employee with, compensatory measures in accordance with section 69ZEB (as replaced by section 43 of the 2018 Act).

                                              1. On the commencement of section 43 of the 2018 Act, if an exemption under section 69ZEA(1) does not apply to an employer providing existing compensatory measures, the employee is entitled to, and the employee’s employer must provide the employee with, rest breaks and meal breaks in accordance with sections 69ZD and 69ZE (as replaced by section 43 of the 2018 Act).

                                              2. On and from the commencement of section 43 of the 2018 Act, the employee continues to be entitled to receive the existing compensatory measures until the earlier of the following:

                                              3. the coming into force of an agreement between the employer and the employee under subclause (2)(a):
                                                1. the employer provides the employee with compensatory measures under subclause (2)(b).

                                                  1. The provisions of this clause have effect despite any provision to the contrary in any contract or agreement.

                                                  Provision relating to remedy of reinstatement

                                                  15Remedy of reinstatement in personal grievance proceedings

                                                  1. Any personal grievance proceedings brought before the Authority or the court (or a court on appeal), but not finally determined or completed, before the commencement of this clause must be determined or completed under the law as it was at the time the proceedings were brought.

                                                  2. Any personal grievance proceedings brought before the Authority or the court (or a court on appeal) on or after the commencement of this clause must be determined in accordance with section 125 as replaced by section 47 of the 2018 Act.

                                                  3. Subclause (2) applies irrespective of whether the action alleged to amount to a personal grievance occurred or came to the notice of the employee before, on, or after the commencement of section 47 of the 2018 Act.

                                                  3Provision relating to Employment Relations (Triangular Employment) Amendment Act 2019

                                                  16Application of sections 103(4), 103B, 115A, and 123A

                                                  1. Sections 103(4), 103B, 115A, and 123A apply if the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is later, after the commencement of the Employment Relations (Triangular Employment) Amendment Act 2019.

                                                  Notes
                                                  • Schedule 1AA clause 16: inserted, on , by section 11 of the Employment Relations (Triangular Employment) Amendment Act 2019 (LI 2019 No 36).

                                                  4Provisions relating to COVID-19 Response (Vaccinations) Legislation Act 2021

                                                  17Transitional provision relating to termination of employment agreement for failure to comply with relevant duties or determination

                                                  1. Clause 3 of Schedule 3A (as inserted by the COVID-19 Response (Vaccinations) Legislation Act 2021) applies only to an employee who receives a notice under that clause after the commencement of that clause.

                                                  Notes
                                                  • Schedule 1AA clause 17: inserted, on , by section 21(a) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

                                                  18Repeal of provisions relating to COVID-19 vaccinations

                                                  1. Section 238A and Schedule 3A (as inserted by the COVID-19 Response (Vaccinations) Legislation Act 2021) are repealed on the date on which the COVID-19 Public Health Response Act 2020 is repealed.

                                                  2. The repeals in subclause (1) do not affect—

                                                  3. an existing right under the repealed legislation:
                                                    1. the completion of any process or proceedings started but not completed by the close of the day immediately before the repeal:
                                                      1. the previous operation of the repealed legislation or anything done or suffered under it.

                                                        Notes
                                                        • Schedule 1AA clause 18: inserted, on , by section 21(a) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

                                                        5Provisions relating to Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023

                                                        19Interpretation

                                                        1. In this Part,—

                                                          2023 amendment Act means the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023

                                                            commencement means commencement of the 2023 amendment Act.

                                                            Notes
                                                            • Schedule 1AA clause 19: inserted, on , by section 9(a) of the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 (2023 No 28).

                                                            20Application of requirement for employment agreement to explain new personal-grievance period for sexual harassment

                                                            1. Section 54 (as amended by section 4 of the 2023 amendment Act) applies to a collective agreement concluded on or after the date of commencement whether bargaining for the agreement was initiated before, on, or after the date of commencement.

                                                            2. Section 54 (as it read immediately before commencement) continues to apply to a collective agreement concluded before commencement.

                                                            3. Section 65 (as amended by section 5 of the 2023 amendment Act) applies to an individual employment agreement entered into on or after the date of commencement whether bargaining for the agreement was initiated before, on, or after the date of commencement.

                                                            4. Section 65 (as it read immediately before commencement) continues to apply to an individual employment agreement entered into before commencement.

                                                            Notes
                                                            • Schedule 1AA clause 20: inserted, on , by section 9(a) of the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 (2023 No 28).

                                                            21Application of new personal-grievance period for sexual harassment

                                                            1. This clause applies for the purposes of determining the period within which an employee who wishes to raise a personal grievance under section 103(1)(d) must—

                                                            2. raise the personal grievance; and
                                                              1. if applicable, notify a controlling third party that the employee considers that the actions of the controlling third party caused or contributed to the personal grievance.

                                                                1. Sections 114 to 115A (as amended by the 2023 amendment Act) apply in respect of a personal grievance if the action alleged to amount to the personal grievance occurred or came to the notice of the employee on or after the date of commencement.

                                                                2. Sections 114 to 115A (as they read immediately before commencement) continue to apply in respect of a personal grievance if the action alleged to amount to the personal grievance occurred and came to the notice of the employee before commencement.

                                                                Notes
                                                                • Schedule 1AA clause 21: inserted, on , by section 9(a) of the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 (2023 No 28).

                                                                6Provision relating to Worker Protection (Migrant and Other Employees) Act 2023

                                                                22Transitional provision relating to section 229 of this Act

                                                                1. Section 229 (as amended by the Worker Protection (Migrant and Other Employees) Act 2023) applies to documents and employment information created before or after that amendment.

                                                                Notes
                                                                • Schedule 1AA clause 22: inserted, on , by section 22 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).