Section 237A — Employment Relations Act 2000: Amendments to Schedule 1A

237A Amendments to Schedule 1A (1) The Governor-General may, by Order in Council, amend Schedule 1A to add to, omit from, or vary the categories of employees. (2) An Order in Council must not be made under subsection (1) unless made on the recommendation of the Minister. (3) The Minister must not make a recommendation under subsection (2) unless the Minister— (a) has received from any person or organisation a request to amend Schedule 1A that specifies the grounds on which it is believed that the criteria in subsection (4) are met; and (b) has received a report from the Department that assesses the request; and (c) has provided the Department's assessment to, and has consulted, such employers, employees, the representatives of such employers and employees, and such other persons and organisations, as the Minister considers appropriate; and (d) is satisfied that the criteria in subsection (4) are met. (4) The criteria are— (a) whether the employees concerned are employed in a sector in which the restructuring of an employer's business occurs frequently: (b) whether the restructuring of employers' businesses in the sector concerned has tended to undermine the employees' terms and conditions of employment. (c) whether the employees concerned have little bargaining power. (5) In this section, restructuring has the same meaning as in subpart 1 of Part 6A. Section 237A was inserted, as from 1 December 2004, by section 68 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.