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Support Workers (Pay Equity) Settlements Act 2017

Support entitlements and employer obligations - Wage rates

11: Previous agreements that require allowances for service or qualifications unenforceable

You could also call this:

"Old agreements about pay for experience or qualifications don't apply."

Illustration for Support Workers (Pay Equity) Settlements Act 2017

You have an employment agreement with terms that were agreed before a certain date. If these terms say your employer must pay you an allowance for how long you have worked or your qualifications, they do not apply to work covered by section 9. These terms have no effect and you cannot enforce them for work covered by section 9.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7269152.

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"Employers must help support workers get qualifications"

Part 2Support entitlements and employer obligations
Wage rates

11Previous agreements that require allowances for service or qualifications unenforceable

  1. This section applies to a term or condition of an employment agreement that—

  2. was agreed before the relevant date; and
    1. requires an employer to pay a support worker an allowance to recognise the worker’s length of service or level of qualifications.

      1. To the extent that the term or condition applies to work to which section 9 applies, the term or condition has no effect and is not enforceable.

      Notes
      • Section 11(1)(a): amended, on , by section 14(1) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
      • Section 11(1)(b): amended, on , by section 14(2) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).