New Zealand Repealed Acts

This legislation has been repealed.

FAIR PAY AGREEMENTS ACT 2022 - SECT 123

123 Mandatory content for each fair pay agreement

1 Each fair pay agreement must specify the following:

a) the date on which the agreement comes into force:

b) the coverage of the agreement (with sufficient clarity to determine the work or type of work that is covered by the agreement):

c) for each type of work covered by the agreement, and for each class of covered employees, the standard hours:

d) the following details of wages to be paid for each type of work covered by the agreement, and to each class of covered employees:

i) a minimum base wage rate, and when it applies:

ii) an overtime rate, and when it applies:

iii) a penalty rate, and when it applies:

iv) in relation to each rate in subparagraphs (i) to (iii),—

A) the specified amount by which it must be adjusted; or

B) the calculation that must be used to adjust it:

e) for each type of work covered by the agreement, and for each class of covered employees, the arrangements for training and development:

f) for each type of work covered by the agreement, and for each class of covered employees, the leave entitlements:

g) the governance arrangements that will apply, in addition to the requirements set out in this Act, to the bargaining sides when the agreement is in force:

h) the process for each bargaining side to engage with the other bargaining side if a bargaining side requests agreement to bargain for a proposed variation or if bargaining to vary the agreement in accordance with Part 9 :

i) the date on which the agreement expires.

2 For the purpose of determining the dates required under subsection (1)(a) and (i),—

a) a fair pay agreement must apply for a period that is no less than 3 years, but no more than 5 years; and

b) a fair pay agreement must specify—

i) 1 commencement date, which must apply to each provision in the fair pay agreement; and

ii) 1 date on which it expires, which must apply to each provision in the fair pay agreement.

3 For the purposes of subsection (1)(c), and subject to section 124(3) , the fair pay agreement must provide that an employee is entitled to be paid the relevant minimum base wage rate for work performed during the standard hours.

4 Subsection (1)(d) applies subject to section 124 .

5 The mandatory content listed in subsection (1) must—

a) be specified in the form required in regulations; and

b) include all details required in regulations.

6 Subsection (2)(b)(i) is subject to the bargaining sides approving an employer’s application for delayed commencement under section 141 .