Section 69K — Employment Relations Act 2000: Terms and conditions of employment of transferring employee under fixed term employment

69K Terms and conditions of employment of transferring employee under fixed term employment (1) This section applies to an employee if— (a) he or she is an employee of— (i) person A in the definition of contracting out; or (ii) person B or of a subcontractor in the definition of contracting in; or (iii) person B or of a subcontractor in the definition of subsequent contracting; or (iv) an employer who is selling or transferring the employer's business (or part of it) to another person; and (b) the employee's terms and conditions of employment include a term agreed under section 66(1) that is— (i) linked to the expiry or termination of the agreement under which his or her employer performs the work; or (ii) included in contemplation of his or her employer entering into an agreement that constitutes a restructuring. (2) Despite the employee's terms and conditions of employment containing a term referred to in subsection (1)(b) , the employee may elect, under section 69I , to transfer to the new employer. (3) If the employee elects, under section 69I , to transfer to the new employer, then the following provisions apply: (a) if the restructuring is a contracting out, the employee's terms and conditions of employment must be read and applied as if the term agreed under section 66(1) were linked to the expiry or termination of the agreement between person A and person B (or a subcontractor): (b) if the restructuring is a contracting in, the employee's terms and conditions of employment cease to include the term referred to in subsection (1)(b) : (c) if the restructuring is a subsequent contracting, the employee's terms and conditions of employment must be read and applied as if the term agreed under section 66(1) were linked to the expiry or termination of the contract or arrangement between person A and person C (or a subcontractor): (d) if the restructuring is a sale or transfer of an employer's business, the employee's terms and conditions of employment cease to include the term referred to in subsection (1)(b) . Part 6A (comprising sections 69A to 69O) was inserted, as from 1 December 2004, by section 30 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Part 6A (comprising sections 69A to 69O) was substituted by a new Part 6A (comprising sections 69A to 69OL), as from 14 September 2006, by section 6 Employment Relations Amendment Act 2006 (2006 No 41). See section 2(1)(a) of that Act as to subpart 2 of the new Part 6A of this Act (comprising sections 69OA to 69OG) coming into force as from 13 December 2006. See section 11 of that Act as to the transitional provisions.