Foreword

I want to ensure New Zealand's employment law is fair and flexible for all. This is because good employment law should maintain and encourage a growth-friendly business environment, while ensuring fairness in the employment relationship. The statutory Review of Part 6A of the Employment Relations Act 2000 (Part 6A) will contribute to the work of our Government to improve our employment law.

As part of this review I am keen to hear both employers' and employees' perspectives in two areas. Firstly, I am interested in your views on whether the operation of Part 6A has been achieving its stated objectives. Secondly, I am also want your thoughts about whether the policy of providing continuity of employment protections for specified categories of workers is relevant and desirable. I will take these perspectives into account when I consider the overall findings of the review and when I consider whether this policy is appropriately fair and flexible.

This discussion document provides an overview of issues brought to the attention of both myself and the Department of Labour since Part 6A was enacted in 2004. The discussion document is not intended to be comprehensive or to present proposals for change. Rather the discussion document aims to gather submissions from employers, both small and large, and employees who are affected by the Part 6A provisions. I want to thoroughly understand your concerns about Part 6A prior to making any decisions about what needs to change. I am concerned to hear about the impact and implications of Part 6A from the employers' and the employees' point of view, including your views and experience of:

• levels of awareness about the Part 6A
• the transfer of accrued entitlements at the time of restructuring
• the disclosure of information about employee costs and any related concerns about confidentiality or commercial sensitivity
• partial transfer of employees
• transfer of employees in a poorly performing service
• Schedule 1A applications
• employment protection provisions for all other employees not specified in Schedule 1A.

I am also very interested in receiving your ideas about how to improve the operation of the legislation. If there is a need for improvement then I am happy to look at suitable amendments.

I look forward to hearing your views and reading the review's findings. The Government aims to put employment relationships on sound and solid footings so that New Zealand can focus on building more productive businesses and higher wages and I will be considering the findings of the review with this wider goal in mind.

Hon Kate Wilkinson

Minister of Labour