In 2008 Parliament passed the Employment Relations Amendment Bill, which allowed employers to discriminate against workers enrolled in a Kiwisaver scheme. This bill repeals that change, and restores the relevant parts of the Employment Relations Act to the 2008 status quo.
This Act is the Employment Relations (Restoration of Kiwisaver Fairness) Amendment Act 2009.
The purpose of this Act is to repeal the changes made by the Employment Relations Amendment Act 2008.
This Act amends the Employment Relations Act 2000..
(c) apply to variations of employment agreements entered into before 2 September 2009, if the variations were made on or after 2 September 2009.
(b) whether or not an employee's employment agreement was entered into before 2 September 2009.
"(h) that the employee's employment has been adversely affected because the employee is a member of a KiwiSaver scheme within the meaning of section 4 of the KiwiSaver Act 2006 or a complying superannuation fund within the meaning of section YA 1 of the Income Tax Act 2007."
"(c) the reason (wholly or in part) for the employer doing any of those things is that the employee is a member of a KiwiSaver scheme or a complying superannuation fund.
"(b) the reason (wholly or in part) for the situation described in paragraph (a) is that the employer has taken into account the compulsory contributions (within the meaning of section 101B(6) of the KiwiSaver Act 2006) the employer is required to make in relation to the employee.
"(b) do include deductions made by an employer on behalf of the employee, being the employee's contributions to a KiwiSaver scheme or a complying superannuation fund."
(b) sections 103(1)(h) and 110A of the Employment Relations Act 2000 apply in relation to the contractual terms and conditions of the parties to an employment relationship, subject to section 5 of Employment Relations (Restoration of Kiwisaver Fairness) Amendment Act 2009.