Proposed legislation changes

Thursday, December 20, 2018

Looking ahead, there are a number of proposed changes to legislation, which will progress in 2019.

The Select Committee has this week released its report on the Employment Relations (Triangular Employment) Amendment Bill. This Bill proposes to provide increased statutory support and legal rights for ‘dependent contractors’ by providing access to the collective employment agreement and the right to join the host employer to a personal grievance claim.

The Select Committee recommends that the Bill is passed with the following amendments:

  • Timing:  The Bill comes into force on a nominated date, or 12 months after the Bill receives royal assent whichever is earlier.
  • Definitions:  Removing the definitions of “primary” and “secondary” employer and instead using the using the definition of “employer” for “primary employer” and a “controlling third party” for “secondary employer”. This means the parties to the triangular relationship would be the employee, employer and the controlling third party.
  • Access to the Collective Agreement:  Removing the right for employees to access the collective employment agreement at the “controlling third party”.
  • Personal grievances:  The Select Committee recommends changes to make it easier for the employee, employer and the Employment Relations Authority to join the controlling third party to personal grievance proceedings and for the Employment Relations Authority to award remedies against the controlling third party.

In addition, the following Bills are currently in the legislation process:   

Bill

Proposed Changes

Current Status

Privacy Bill

  • Replacing current Privacy Act
  • Responding to requests for personal information
  • Strengthening Privacy Commissioner’s powers
  • Introducing mandatory reporting of privacy breaches
  • Introducing new criminal offences
  • Select committee report due on 13 March 2019

Equal Pay Amendment Bill

  • Improving processes for raising and progressing pay equity claims
  • Allowing workers to make a pay equity claim within existing bargaining framework
  • Select committee report due 16 April 2019

Holidays (Bereavement Leave for Miscarriages) Amendment Bill

  • Making bereavement leave available in the event of a miscarriage
  • Introduced 9 August 2018
  • Members bill

 

Disclaimer: the content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.

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