Employment Relations Amendment Act 2015

1: Title
This Act is the Employment Relations Amendment Act 2015.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates and appointing different dates for different purposes.
2: Any provision that has not earlier been brought into force comes into force on 1 January 2018. Section 2(1) brought into force 4 April 2016 Employment Relations Amendment Act 2015 Commencement Order 2016
3: Principal Act
This Act Employment Relations Act 2000 principal Act OIC LI 2016/11 2016-04-04 Employment Relations Act 2000
4: Section 67B amended (Effect of trial provision under section 67A)
In section 67B(3) section 103(1)﻿(b) to (g) section 103(1)﻿(b) to (h)
5: Section 103 amended (Personal grievance)
After section 103(1)﻿(i) j that the employee’s employer has, in relation to the employee,—
i: engaged in adverse conduct for a prohibited health and safety reason; or
ii: contravened section 92 Health and Safety at Work Act 2015 Section 5 amended 1 April 2016 section 39 Employment Relations Amendment Act 2016
6: Section 104 amended (Discrimination)
In section 104(1) or by reason directly or indirectly of that employee's refusal to do work under section 28A of the Health and Safety in Employment Act 1992,
7: Section 107 amended (Definition of involvement in activities of union for purposes of section 104)
Repeal section 107(2)
8: New section 110A inserted (Adverse conduct for prohibited health and safety reason)
After section 110
110A: Adverse conduct for prohibited health and safety reason
1: For the purposes of this Part, an employer engages in adverse conduct for a prohibited health and safety reason
a: dismisses an employee; or
b: refuses or omits to offer or afford to the employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or
c: subjects the employee to any detriment in circumstances in which other employees employed by the employer in work of that description are not or would not be subjected to such detriment; or
d: retires the employee, or requires or causes the employee to retire or resign.
2: For the purposes of subsection (1) section 89 Health and Safety at Work Act 2015
3: An employer may be found to have engaged in adverse conduct for a prohibited health and safety reason only if the prohibited health and safety reason was a substantial reason for the conduct.
4: For the purposes of subsection (3)
5: It is a defence to an action for a personal grievance under section 103(1)﻿(h)﻿(i)
a: the conduct was reasonable in the circumstances; and
b: a substantial reason for the conduct was to comply with the requirements of the Health and Safety at Work Act 2015 section 16
6: For the purposes of this section,—
a: an employer also engages in adverse conduct if the employer or a representative of the employer, in relation to the employee,—
i: organises to take any action referred to in subsection (1)
ii: requests, instructs, induces, encourages, authorises, or assists another person to engage in adverse conduct for a prohibited health and safety reason:
b: detriment
9: Section 111 amended (Definitions relating to personal grievances)
In section 111 and duress duress adverse conduct for prohibited health and safety reason 110A
10: Section 137 amended (Power of Authority to order compliance)
Repeal section 137(1)﻿(a)﻿(xi) and (4)﻿(b)
11: Section 138 amended (Further provisions relating to compliance order by Authority)
Repeal section 138(1)﻿(b)﻿(ii)
12: Schedule 1A amended
In paragraph (f), replace place of work (within the meaning of the Health and Safety in Employment Act 1992) workplace