Employment Relationship Act changes 2021

Government has passed an Order in Council, effective 1 July 2021, that extends Part 6A of Schedule 1A of the Employment Relations Act 2000 to include Security Officers.

Effectively this now means that Security Officers, defined as property guards, crowd controllers, mobile security patrols, cash-in-transit officers and those who monitor premises on site, are given protections when their employment is impacted by restructuring that results in the contract for service shifting to another provider or taken in-house.

In these situations there is an obligation on the new party providing the service to offer employment to the incumbent employees on terms and conditions no less favourable than they currently enjoy. This includes the transfer of leave and service entitlements and also prevents subsequent restructuring such as reduced hours or payments.

In general, the new Order does not apply to restructuring situations where agreements were reached between companies before 1 July 2021.

The NZSA has documentation available to members to explain and enable the process for both outgoing and incoming service providers:

1. NZSA Overview and Definition
2. NZSA Member Guidance Part 6A
3. NZSA Part 6A letter for Security Workers
4. NZSA Part 6A letter for Customers
5. Part 6A Exempt Employer Repealed letter
6a. NZSA recommended Employee Transfer Information template: Costs Information
6b. NZSA recommended Employee Transfer Information template: Individualised Employee Information
6c. NZSA notes to Employee Transfer Information templates

To obtain a copy of these documents please email [email protected]