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Support Workers (Pay Equity) Settlements Act 2017

Support entitlements and employer obligations - Relationship between this Act and employment agreements

16: This Act overrides terms and conditions of employment agreements

You could also call this:

"This Act is more important than your employment agreement if they disagree."

Illustration for Support Workers (Pay Equity) Settlements Act 2017

If your employment agreement says something that stops you getting what you are entitled to under this Act, that part of the agreement does not count. You can still get what you are entitled to, even if you agreed to the employment agreement before or after the relevant date. Your employment agreement is not illegal under the Illegal Contracts Act 1970 or the Contract and Commercial Law Act 2017 just because it has a term or condition like that. If you agreed to your employment agreement before the relevant date, it is deemed to be changed to follow sections 9 to 12. This means your agreement now matches what this Act says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7269160.

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Topics:
Work and jobs > Worker rights
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17: Employer and support worker may negotiate more favourable terms and conditions, or

"You can ask for better pay or work conditions with your employer."

Part 2Support entitlements and employer obligations
Relationship between this Act and employment agreements

16This Act overrides terms and conditions of employment agreements

  1. An employment agreement that contains a term or condition that excludes, restricts, or reduces a support worker’s entitlements under this Act—

  2. has no effect to the extent that it does so, regardless of whether the term or condition was agreed before or after the relevant date; but
    1. is not an illegal contract under the Illegal Contracts Act 1970 or the Contract and Commercial Law Act 2017.

      1. Each employment agreement between an employer and a support worker that was agreed before the relevant date is deemed to be varied in accordance with sections 9 to 12.

      Notes
      • Section 16(1): amended, on , by section 17(1) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
      • Section 16(1)(a): amended, on , by section 17(2) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
      • Section 16(2): amended, on , by section 17(1) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
      • Section 16(2): amended, on , by section 17(2) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).