Support Workers (Pay Equity) Settlements Amendment Act 2020

1: Title
This Act is the Support Workers (Pay Equity) Settlements Amendment Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Act that was previously called the Care and Support Workers (Pay Equity) Settlement Act 2017 principal Act 2020-08-07 Care and Support Workers (Pay Equity) Settlement Act 2017
1: Amendments to Care and Support Workers (Pay Equity) Settlement Act 2017
4: Title of principal Act changed
In section 1 Care and Support Workers (Pay Equity) Settlement Act 2017 Support Workers (Pay Equity) Settlements Act 2017
5: Section 3 amended (Purpose)
1: In section 3(1)﻿(a) agreement agreements
2: In section 3(1)﻿(b)
a: replace that agreement those agreements
b: delete care and
c: replace the agreement the agreements
3: Replace section 3(2)
2: The settlement agreements are—
a: the agreement in respect of care and support workers signed on 2 May 2017 by or on behalf of the Crown, ACC, the 20 DHBs, E tū Incorporated, the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Incorporated, the New Zealand Nurses Organisation Incorporated, and the New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated; and
b: the agreement in respect of vocational and disability support workers signed on 17 July 2017 by or on behalf of the Crown, E tū Incorporated, the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Incorporated, and the New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated; and
c: the agreement in respect of mental health and addiction support workers signed on 25 July 2018 by or on behalf of the Crown, the 20 DHBs, Platform Charitable Trust, E tū Incorporated, the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Incorporated, and the New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated.
6: Section 4 amended (Overview)
1: In section 4 care and
2: In section 4(d) Ministry of Health, DHBs, and ACC funders
7: Section 5 amended (Interpretation)
1: In section 5 care and support services
a: in paragraph (a)﻿(i), replace funded that are funded by the Ministry of Health, a DHB, or ACC
b: replace paragraph (a)﻿(i)﻿(C) with:
C: in respect of a person with an injury covered by the Accident Compensation Act 2001, supporting the person’s rehabilitation from the injury or supporting them to achieve and sustain their maximum level of participation in everyday life; and
c: replace paragraph (b) with:
b: does not include mental health and addiction support services, vocational and disability support services, or services provided by a health practitioner
2: In section 5 continuous employment care and
3: In section 5 Department of Corrections health practitioner Health Practitioners Competence Assurance Act 2003 mental health and addiction support services
a: means services that are funded under a funding agreement and that are provided to—
i: a person who has a mental health need or an addiction need for the purpose of assisting them to—
A: continue to live in their home or in the community (such as personal care and household management services); or
B: work or volunteer in the community; or
C: participate in activities in, and contribute to, their community; or
D: learn new skills to manage their lives and achieve overall well-being; or
E: maintain and develop social and support networks; or
ii: a person with a mental injury covered by the Accident Compensation Act 2001
A: supporting their rehabilitation from the injury; or
B: supporting them to achieve and sustain their maximum level of participation in everyday life; but
b: does not include—
i: care and support services; or
ii: vocational and disability support services; or
iii: services provided by a health practitioner; or
iv: services provided at a location other than the following:
A: the person’s home (including a residential care facility, a retirement village, and a rest home):
B: the person’s workplace:
C: an employer facility:
D: a community facility mental health and addiction support worker
a: means a person—
i: who is an employee of an employer; and
ii: whose work for that employer primarily involves providing support services; and
iii: who, of the support services that the person provides, primarily provides mental health and addiction support services; and
b: for the purposes of Part 2 of Schedule 1
i: who was previously an employee of an employer; and
ii: whose work for that employer primarily involved providing support services; and
iii: who, of the support services that the person provided, primarily provided mental health and addiction support services Ministry of Social Development Oranga Tamariki—Ministry for Children relevant date
a: in relation to a care and support worker, means 1 July 2017; and
b: in relation to all other support workers, means the date on which the Support Workers (Pay Equity) Settlements Amendment Act 2020 support services support worker
a: means an employee of an employer whose work for that employer primarily involves providing support services; and
b: for the purposes of section 8 and Part 2 of Schedule 1 vocational and disability support services
a: means services that are funded by the Ministry of Social Development or Oranga Tamariki—Ministry for Children under a funding agreement that are provided to a person with a disability for the purposes of assisting them to—
i: continue to live in their home or in the community (such as personal care and household management services); or
ii: work or volunteer in the community; or
iii: participate in activities in, and contribute to, their community; or
iv: learn new skills to manage their lives and achieve overall well-being; or
v: maintain and develop social and support networks; but
b: does not include care and support services, mental health and addiction support services, or services provided by a health practitioner vocational and disability support worker
a: means a person—
i: who is an employee of an employer; and
ii: whose work for that employer primarily involves providing support services; and
iii: who, of the support services that the person provides, primarily provides vocational and disability support services; and
b: for the purposes of Part 2 of Schedule 1
i: who was previously an employee of an employer; and
ii: whose work for that employer primarily involved providing support services; and
iii: who, of the support services that the person provided, primarily provided vocational and disability support services.
4: In section 5 employer
a: replace paragraph (a)﻿(i) with:
i: a person, trust, or partnership that receives funding from a funder to provide support services; and
b: in paragraph (a)﻿(iii), delete care and
5: In section 5 funder funder
6: In section 5 funding agreement
a: replace the Ministry of Health or a DHB a funder other than ACC
b: replace between a funder between the funder
c: delete care and
7: In section 5 ordinary hourly wage care and
8: Part 2 heading amended
In the Part 2 Care and support Support
9: Cross-heading above section 8 amended
In the cross-heading above section 8 care and
10: Section 8 amended (Existing claims extinguished and potential claims barred)
1: Replace section 8(1)﻿(a)
a: any claim by or on behalf of a support worker under the Equal Pay Act 1972 relating to the provision of support services that was lodged but not determined before the relevant date; and
2: In section 8(1)﻿(b) and (3)﻿(a) and (b) care and
11: Section 9 amended (Minimum hourly wage rates)
1: In section 9(1) care and
2: In section 9(1)﻿(b) commencement of this Act relevant date
3: In section 9(3) excluded services
4: In section 9(3) Ministry for Vulnerable Children, Oranga Tamariki Ministry of Social Development
12: New section 9A inserted (Minimum hourly wage rates for mental health and addiction support services provided to individual clients)
After section 9
9A: Minimum hourly wage rates for mental health and addiction support services provided to individual clients
1: This section applies to a person (an individually funded client
a: receives funding directly from a funder towards the cost of mental health and addiction support services for that person; and
b: employs a person (a worker
2: The individually funded client must pay the worker, for the provision of the services, no less than the greater of—
a: the applicable hourly wage set out in Schedule 2; and
b: the ordinary hourly wage that the client was required to pay the worker under the terms and conditions of employment in place between the client and the worker immediately before the commencement of the Support Workers (Pay Equity) Settlements Amendment Act 2020
3: This section does not apply if the funding received by the individually funded client is paid under a family care policy within the meaning of that term in section 70B(1) of the New Zealand Public Health and Disability Act 2000.
4: This section does not apply in respect of a period of time spent by a worker overnight during which the worker, under the terms of the worker’s employment agreement, is—
a: required to be at the worker’s workplace; and
b: allowed to sleep at the workplace while on duty; and
c: required to be available to attend to the worker’s duties during the course of the night as necessary.
13: Section 10 amended (Weekend and night penal rates)
1: In section 10(1)﻿(a) and (2) commencement of this Act relevant date
2: In section 10(1)﻿(b) care and
14: Section 11 amended (Previous agreements that require allowances for service or qualifications unenforceable)
1: In section 11(1)﻿(a) commencement of this Act relevant date
2: In section 11(1)﻿(b) care and
15: Section 12 amended (Employers must ensure care and support workers are able to gain qualifications)
1: In the heading to section 12 care and
2: In section 12(1) and (2) care and
16: Section 14 amended (Care and support worker may recover unpaid or underpaid wages)
1: In the heading to section 14 Care and support Support
2: In section 14 care and
17: Section 16 amended (This Act overrides terms and conditions of employment agreements)
1: In section 16(1) and (2) care and
2: In section 16(1)﻿(a) and (2) commencement of this Act relevant date
18: Section 17 amended (Employer and care and support worker may negotiate more favourable terms and conditions)
1: In the heading to section 17 care and
2: In section 17 care and
19: Section 18 amended (Funding amounts increased)
Replace section 18(4)
4: This section applies only in respect of funding agreements entered into before,—
a: in relation to care and support services and vocational and disability support services, 1 July 2017; and
b: in relation to mental health and addiction support services, 1 July 2018.
20: Section 19 amended (Records to support additional funding)
In section 19(1) and (2)﻿(b) care and
21: Schedule 1 amended
In Schedule 1, after Part 1 Part 2 Schedule
22: Schedule 2 amended
1: In Schedule 2 care and
2: In Schedule 2, clause 3(2) a × (((b ÷ c) − 1.017 4
2: Consequential amendments to other Acts
23: Amendments to Employment Relations Act 2000
1: This section amends the Employment Relations Act 2000
2: In the following provisions, replace Care and Support Workers (Pay Equity) Settlement Act 2017 Support Workers (Pay Equity) Settlements Act 2017
a: section 148A(3)
b: section 161(1)﻿(m)﻿(iia)
c: section 223(1)﻿(ab)
d: section 236(4)﻿(ba) 2020-08-07 Employment Relations Act 2000
24: Amendment to Equal Pay Amendment Act 2020
1: This section amends the Equal Pay Amendment Act 2020
2: In Schedule 1 Care and Support Workers (Pay Equity) Settlement Act 2017 Support Workers (Pay Equity) Settlements Act 2017 2020-08-07 Equal Pay Amendment Act 2020