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Support Workers (Pay Equity) Settlements Act 2017

Support entitlements and employer obligations - Wage rates

9: Minimum hourly wage rates

You could also call this:

"Your pay per hour must be at least the highest of two amounts."

Illustration for Support Workers (Pay Equity) Settlements Act 2017

You need to be paid at least the greater of two amounts. The first amount is the hourly wage set out in Schedule 2. The second amount is what you were paid before the relevant date. This rule does not apply when you are doing certain things. These things include providing excluded services. Excluded services are services where your employer gets funding from someone else. It also includes time spent travelling between clients, as described in section 4 of the Home and Community Support Act. You are also not paid this rate when you are sleeping at work but are still on duty. Your workplace is where you do your job, as described in section 5 of the Employment Relations Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7269150.

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Part 2Support entitlements and employer obligations
Wage rates

9Minimum hourly wage rates

  1. An employer must pay a support worker no less than the greater of—

  2. the applicable hourly wage set out in Schedule 2; and
    1. the ordinary hourly wage that the employer was required to pay the worker under the terms and conditions of employment in place between the employer and the worker immediately before the relevant date.

      1. This section does not apply in respect of—

      2. time spent by the worker in providing excluded services; or
        1. time spent by the worker in travel between clients within the meaning of that term in section 4 of the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016; or
          1. a period of time spent by a worker overnight during which the worker, under the terms of the worker’s employment agreement, is—
            1. required to be at the worker’s workplace; and
              1. allowed to sleep at the workplace while on duty; and
                1. required to be available to attend to the worker’s duties during the course of the night as necessary.

                2. In this section,—

                  excluded services means—

                    1. services for which the employer receives funding from a funder other than funding under a funding agreement or under section 18

                        workplace has the same meaning as in section 5 of the Employment Relations Act 2000.

                        Notes
                        • Section 9(1): amended, on , by section 11(1) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
                        • Section 9(1)(b): amended, on , by section 11(2) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
                        • Section 9(3) excluded services paragraph (a): repealed, on , by section 11(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
                        • Section 9(3) excluded services paragraph (c): repealed, on , by section 11(3) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
                        • Section 9(3) Ministry for Vulnerable Children, Oranga Tamariki: repealed, on (after being amended by section 135 of the Public Service Act 2020 (2020 No 40) on that date), by section 11(4) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
                        • Section 9(3) Ministry of Social Development: repealed (after being amended by section 135 of the Public Service Act 2020 (2020 No 40) on that date), on , by section 11(4) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).