Industrial Relations (Amendment) Act 2012

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Amendment to Terms of Employment (Information) Act 1994.

18.— The Terms of Employment (Information) Act 1994 is amended—

(a) in subsection (1) of section 1 by inserting the following definitions:

“ ‘employment regulation order’ means an employment regulation order within the meaning of Part IV of the Industrial Relations Act 1946 ;

‘registered employment agreement’ means a registered employment agreement within the meaning of Part III of the Industrial Relations Act 1946 .”,

(b) in subsection (1) of section 3, by inserting the following paragraph after paragraph (f):

“(fa) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order,”,

(c) in subsection (2) of section 5, by inserting “, other than a registered employment agreement or employment regulation order,” after “instruments made under statute”,

(d) by inserting the following new section after section 6:

“Directions by inspector to employer.

6A.— (1) Where it appears to an inspector that an employer has contravened section 3, 4, 5 or 6 the inspector may, where he or she considers it appropriate, give a direction to the employer to comply with the provision concerned within such period as is specified in the direction.

(2) In this section ‘inspector’ means an inspector for the purposes of the National Minimum Wage Act 2000 and an inspector may, for the purposes of this section, exercise any of the functions conferred on him or her by that Act.”,

and

(e) in section 7—

(i) in subsection (1) by substituting “Subject to subsection (1A), an employee may” for “An employee may”, and

(ii) by inserting the following subsection after subsection (1):

“(1A) An employee may not present a complaint to a rights commissioner under subsection (1) in respect of a contravention of section 3, 4, 5 or 6, where an employer has—

(a) complied with a direction under section 6A in relation to the same contravention, or

(b) been given a direction under subsection (1) in relation to the same contravention and the period specified in which to comply with the direction has not expired.”.