PASS ON. The employer agrees that any salary increase or any improvements to the terms and conditions agreed in this bargaining will not be passed on to any allied staff member employed on individual employment agreements (IEA’s) unless a period of at least four months have elapsed between the commencement date of the collective agreement and the date that the terms, or any of them, are offered to any employee covered by an (IEA).
PASS ON a. A genuine bargaining process will take place between the employer and each individual employee who is not a union member; and
b. For employees commencing their employment after this agreement comes into force, no earlier than 30 days after their start date.
c. The union party agrees that this process satisfies the employer’s obligation to consult with them pursuant to d.59B(6)(b) of the Employment Relations Act, provided that this process is applied to every non-union member who may be offered the same or substantially the same terms and conditions as those set out in this collective agreement.
PASS ON a. XXXXX agrees that Te Pūkenga may pass on to any of its allied kaimahi employed on individual employment agreements any of the terms of employment under negotiation, or that have been negotiated, for inclusion in the proposed new collective agreement, but only if the following conditions are met:
i. A period of at least 6 months must have elapsed between the commencement date of this new collective agreement and the date that the terms, or any of them, are offered to any kaimahi covered by an individual employment agreement. A period of six months must also be observed from the effective date for any terms agreed to come into effect after the commencement date;
ii. In the case of any such term which provides for an increase in salary, allowances, or any other aspect of a kaimahi’s remuneration, the increase must not be backdated to any date before the date on which the offer is made to the person covered by the individual employment agreement
PASS ON a) TIASA agrees that the Employer may pass on to any of its allied kaimahi employed on individual employment agreements any of the terms of employment under negotiation, or that have been negotiated, for inclusion in the proposed new collective agreement, but only if the following conditions are met:
i. A period of at least 6 months must have elapsed between the commencement date of this new collective agreement and the date that the terms, or any of them, are offered to any kaimahi covered by an individual employment agreement. A period of six months must also be observed from the effective date for any terms agreed to come into effect after the commencement date;
ii. In the case of any such term which provides for an increase in salary, allowances, or any other aspect of kaimahi remuneration, the increase must not be backdated to any date before the date on which the offer is made to the person covered by the individual employment agreement
iii. There has been prior consultation with TIASA before any pass on is offered pursuant to clause 4.6(a)(i) to allied kaimahi members on individual employment agreements save that no such consultation shall be required in the case of new kaimahi
b) The Employer will on request made by TIASA at any time provide sufficient details in writing to enable TIASA to verify whether there has been compliance with this Clause
c) The parties acknowledge that any breach of clause 4.6 will prima facie be a breach of the duty of good faith in s4 of the Employment Relations Act 2000
d) ‘Terms of employment’ includes any terms reached in bargaining for the new collective agreement with the exception of any term that is required by law (such as for example an employee protection provision) and ‘reached’ has the same meaning as in s59A of the Act
e) Nothing in the foregoing will prevent TIASA and the Employer from agreeing that any specified provision(s) of the new collective agreement will supersede any part of this Clause
PASS ON. 44.1 This is an agreement under s59B (5) of the Employment Relations Act 2000 between TIASA and WelTec
44.2 TIASA agrees that the employer may pass on to any of its allied staff employed on individual employment agreements any of the terms of employment that have been negotiated, for inclusion in the collective agreement, but only if the following conditions are met:
44.2.1 A period of at least four months must have elapsed between the commencement date of this collective agreement and the date that the terms, or any of them, are offered to any employee covered by an individual employment agreement;
44.2.2 In the case of any such term which provides for an increase in salary, allowances, or any other aspect of an employee’s remuneration, the increase must not be backdated to any date before the date on which the offer is made to the person covered by the individual employment agreement;
44.2.3 There has been prior consultation with TIASA before any pass on is offered pursuant to clause 44.2.1 to allied staff members on individual employment agreements save that no such consultation shall be required in the case of new employees. The parties agree that such consultation shall be conducted efficiently, and shall not be required to last longer than two weeks.
44.3 The employer will, on request made at any time up to six months after the conclusion of the collective bargaining, provide sufficient details in writing to enable TIASA to verify whether there has been compliance with this agreement.
44.4 The parties acknowledge that any breach of clauses 44.2 and 44.3 of this Agreement will, prima facie, be a breach of the duty of good faith in s4 of the Employment Relations Act 2000.
44.5 For the purposes of the Agreement, “terms of employment” include any terms reached in bargaining for the new collective agreement, with the expectation of any term that is required by law (such as, for instance, an employee protection provision) and “reached” has the same meaning as in the s59A of the Act.
44.6 Nothing in the foregoing agreement will prevent TIASA and the employer from agreeing that any specified provision(s) of the new collective agreement will supersede this Agreement.
PASS ON. 9.1 This is an agreement under s59B(5) of the Employment Relations Act Between TIASA and XXXX.
9.2 XXXXX agrees that XXXX may pass on to any of its allied staff employed on Individual employment agreements any of the terms of employment under negotiation, or that have been negotiated, for inclusion in the proposed new collective agreement, but only if the following conditions are met:
a) A period of at least four months must have elapsed between the commencement date of this new collective agreement and the date that the terms, or any of them, are offered to any member of staff covered by an individual employment agreement;
b) In the case of any such term which provides for an increase in salary, allowances, or any other aspect of an employee’s remuneration, the increase must not be backdated to any date before the date on which the offer is made to the person covered by the individual employment agreement;
c) There has been prior consultation with TIASA before any pass on is offered within the four months period pursuant to clause 9.2(a) to allied staff members on Individual employment agreements save that no such consultation shall be required in the case of new employees;
d) The Pass on clause is to apply in both years of the term of the agreement. Non-Union staff members will, if applicable, receive the percentage rise one year from the anniversary date of the first movement.
9.3 The employer will, on request made at any time up to four months after the conclusion of the collective bargaining, provide sufficient details in writing to enable TIASA to verify whether there has been a compliance with this agreement.
9.4 The parties acknowledge that any breach of clauses 2 or 3 of this agreement will, prima facie, be a breach of the duty of good faith in s4 of the Employment Relations Act 2000.
9.5 For the purposes of the agreement, “terms of employment” include any terms reached in bargaining for the new collective agreement, with exception of any term that is required by law (such as, for instance, an employee protection provision) and “reached” has the same meaning as in s59A of the Act.
9.6 Nothing in the foregoing agreement will prevent TIASA and the employer from agreeing that any specified provision(s) of the new collective agreement will supersede this agreement.
PASS ON. The employer party to this Agreement agrees not to pass on automatically to non-union members terms or conditions that are the same or substantially the same as those contained in this Agreement. This means that the employer and non-union members shall individually negotiate their terms and conditions of employment. This shall not prevent the employer complying with section 62(2) of the Employment Relations Xxx 0000 in regard to new employees within their first 30 days of employment.
PASS ON. (a) The Parties acknowledge both the provisions and intent of S59 of the Employment Relations Amendment Act (No2) 2004 and agree that no pass on of terms and/or conditions to other staff will occur prior to six months from the term and/or condition coming into effect.
(b) This provision is only for the term of the Collective Agreement.
PASS ON. The Ministry may offer the terms and conditions in these Terms of Settlement to non-union employees (as at 18 December 2018, the date of ratification) in positions which come under coverage of the service delivery CA, including those who subsequently join the PSA, on the following basis: • The lump sum payments will not be passed on; and • The increase to salary steps and remuneration ranges will be effective no earlier than 10 January 2019
PASS ON. The parties agree that any increase in salary obtained through this negotiation process can be passed on to non-union employees employed by the employer after 4 months of union members receiving the increase.
