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Employment Relations Act 2000

General provisions - Miscellaneous provisions

237A: Amendments to Schedule 1A

You could also call this:

“This explains how changes can be made to the list of workers who get special protection when their job changes.”

The Governor-General can change Schedule 1A by adding, removing, or changing groups of workers. This can only happen if the Minister recommends it.

The Minister can only suggest adding a group of workers if they work in a field where businesses change a lot, their job conditions are often at risk when businesses change, and they don’t have much power to negotiate.

If the Minister wants to change or remove a group, they need to make sure the group still fits or no longer fits these rules.

Before suggesting any changes, the Minister must get a request from someone or a group. This request needs to clearly say which workers it’s about, what kind of work they do, and show why they should or shouldn’t be on the list.

The Minister also needs to get a report from the government department and share it with employers, workers, and anyone else they think should see it. They don’t have to share information that’s meant to be kept secret.

When the order is made to change Schedule 1A, it becomes a type of law called secondary legislation.

In this part of the law, ‘restructuring’ means the same thing as it does in section 69B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS148619.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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Part 11 General provisions
Miscellaneous provisions

237AAmendments to Schedule 1A

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 1A to add, delete, or amend categories of employees.

  2. The Minister may recommend the making of an Order in Council to amend Schedule 1A to add a category of employees only if the Minister is satisfied that the employees in the category of employees—

  3. are employed in a sector in which restructuring of an employer’s business occurs frequently; and
    1. have terms and conditions of employment that tend to be undermined by the restructuring of an employer’s business; and
      1. have little bargaining power.

        1. The Minister may recommend the making of an Order in Council to amend Schedule 1A to amend a category of employees only if the Minister is satisfied that the employees in the category of employees (if the category is amended in accordance with the recommendation) will satisfy the criteria in subsection (2).

        2. The Minister may recommend the making of an Order in Council to amend Schedule 1A to delete a category of employees only if the Minister is satisfied that the employees in the category of employees no longer satisfy the criteria in subsection (2).

        3. Before recommending the making of an Order in Council to amend Schedule 1A, the Minister must—

        4. receive a request to add, amend, or delete a category of employees from a person or an organisation that—
          1. clearly identifies the category of employees to which the request relates; and
            1. specifies the sector in which the category of employees provides service; and
              1. includes evidence that the relevant employees satisfy or no longer satisfy (as applicable) the criteria in subsection (2); and
              2. receive a report from the department on whether the employees in the category of employees satisfy the criteria in subsection (2); and
                1. provide the report to, and consult, any employers, employees, representatives of employers or employees, or other persons or organisations as the Minister considers appropriate.

                  1. Nothing in subsection (5)(c) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982 if the information were requested under that Act.

                  2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  3. In this section, restructuring has the same meaning as in section 69B.

                  Notes
                  • Section 237A: inserted, on , by section 48 of the Employment Relations Amendment Act 2018 (2018 No 53).
                  • Section 237A(6A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).