Section 69OC — Employment Relations Act 2000: Disclosure of employee transfer costs information

69OC Disclosure of employee transfer costs information (1) A request for the disclosure of employee transfer costs information may be made if— (a) disclosure is sought for the purpose of— (i) deciding whether to terminate an agreement or let it expire; or (ii) negotiating an agreement; or (iii) deciding whether to enter into an agreement; or (iv) tendering for an agreement; and (b) a restructuring would result if the agreement were to be— (i) terminated or to expire; or (ii) concluded; or (iii) entered into; or (iv) awarded. (2) The persons who may make the request are the persons who would, if the restructuring were to proceed and they were parties to the restructuring, be— (a) person A in the definition of contracting in: (b) person B in the definition of contracting out: (c) person C in the definition of subsequent contracting: (d) the person to whom an employer's business (or part of it) is sold or transferred. (3) The persons to whom a request may be made are the persons who would, if the restructuring were to proceed and they were parties to the restructuring, be— (a) person B in the definition of contracting in: (b) person A in the definition of contracting out: (c) person A in the definition of subsequent contracting: (d) the seller or transferor in the case of the sale or transfer of an employer's business (or part of it). (4) A person to whom a request is made under subsection (3) must provide to the person who made the request under subsection (2) employee transfer costs information that relates to the proposed restructuring. (5) A person must provide the employee transfer costs information in sufficient time for the person who made the request to take the information into account for the purpose for which it was requested. (6) Employee transfer costs information provided under this section must be provided— (a) in aggregate form; and (b) to the extent practicable, in a form that protects the privacy of the employees concerned. 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). The previous heading to subpart 2 of Part 6A read “ Other employees ” . 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.