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There have been some recent changes to the Employment Relations Act 2000. Briefly they are:
– Flexible Working
– Rest and Meal Breaks
– Good Faith
– Employment Relations Authority
– Anzac Day
FLEXIBLE WORKING
The changes to flexible working arrangements aim to improve people’s participation in the labour market and to better reflect modern lifestyles.
The changes to Part 6AA:
– give all employees the right to request a change to their working arrangements, not just caregivers
– let an employee request flexible working arrangements from their first day of employment (previously employees had to wait 6 months)
– remove the limit on how many requests can be made in a year
– reduce the maximum time an employer has to respond to a request from 3 months to 1 month.
REST AND MEAL BREAKS
The changes to the rest and meal break provisions balance the importance of these breaks for employees with the practical needs for each workplace. The current strict rules are replaced with a more general right for employees to have a reasonable opportunity to rest, eat, drink and deal with personal matters. The new provisions seek to encourage employers and employees to negotiate, in good faith, rest and meal breaks, without compromising business continuity and flexibility.
The Act says:
– when employers can make reasonable restrictions on rest and meal breaks
– that employers can specify when breaks are taken, if employees and employers cannot agree on when and how long breaks should be
– that an employer is exempt from giving breaks – when employees agree to reasonable compensation or where the employer cannot reasonably give the employee rest and meal breaks
– that reasonable compensatory measures are to be provided when an employer is exempt from the requirements to provide breaks
– rest breaks must be paid
– any other law that requires an employee to take rest and meal breaks takes priority over the rules in the Act.
GOOD FAITH
The amendment sets out what confidential information an employer has to give to an employee where they propose action that will (or is likely to) adversely affect the employee’s employment.
An employer must give the affected employee relevant confidential information about themselves. An employer does not have to give the affected employee confidential information about another person if doing so would involve an unwarranted disclosure of the affairs of that person.
If a document has some relevant information and some information that can be withheld, the employer can give the employee:
– the document with deletions or changes
– a summary of the document.
An employer does not have to give confidential information that has a statutory requirement of confidentiality, or where there is a good reason to keep the information confidential (for example, to protect the commercial position of the employer).
These changes do not affect an employer’s obligations under the Official Information Act 1982 or the Privacy Act 1993.
EMPLOYMENT RELATIONS AUTHORITY
The changes introduce requirements for when and how the Authority must give determinations. At an investigation meeting’s conclusion, the Authority must (where practical):
– give an oral determination, and a written record of that determination within 1 month, or
– give an oral indication of the Authority’s preliminary findings to the parties (unless extra evidence is provided) and deliver a written determination within 3 months of the investigation meeting or when extra evidence is provided, whichever is later.
ANZAC DAY
Anzac Day has now been Mondayised.
If you normally work on Saturday then this is recognised as a public holiday and you are entitled to time and a half and a day in lieu.
If you normally work on Monday, but not on Saturday, then Monday is recognised as a public holiday and you are entitled to time and a half and a day in lieu.
If you normally work on both Saturday and Monday then you are only entitled to one public holiday.
Casual workers called to work on Saturday but not the Monday will get paid their normal rates of pay and recognise the holiday on the Monday.
Casual workers called to work on Monday will get paid their normal rates of pay and recognise the holiday on the Saturday.
Phone us for clarification and advice.