Employment Relations Amendment Act 2010

11 New section 64 inserted

• The following section is inserted after section 63A:

  “64 Employer must retain copy of individual employment agreement or individual terms and conditions of employment

  • “(1) When section 63A applies, the employer must retain a signed copy of the employee's individual employment agreement or the current terms and conditions of employment that make up the employee's individual terms and conditions of employment (as the case may be).

    “(2) If an employer has provided an employee with an intended agreement under section 63A(2)(a), the employer must retain a copy of that intended agreement even if the employee has not—

    • “(a) signed the intended agreement; or

    • “(b) agreed to any of the terms and conditions specified in the intended agreement.

    “(3) If requested by the employee, the employer must, as soon as is reasonably practicable, provide the employee with a copy of the employee's—

    • “(a) individual employment agreement or current terms and conditions of employment retained under subsection (1); or

    • “(b) intended agreement retained under subsection (2).

    “(4) An employer who fails to comply with subsection (1), (2), or (3) is liable, in an action brought by a Labour Inspector, to a penalty imposed by the Authority.

    “(5) Before bringing an action under subsection (4), the Labour Inspector must—

    • “(a) give the employer written notice of the breach of this section; and

    • “(b) give the employer 7 working days to remedy the breach.

    “(6) To avoid doubt, an intended agreement must not be treated as the employee's employment agreement if the employee has not—

    • “(a) signed the intended agreement; or

    • “(b) agreed to any of the terms and conditions specified in the intended agreement.”