Triangular Employment Bill

17 January 2019

The Employment Relations (Triangular Employment) Amendment Bill has come back from Select Committee, with all provisions relating to joining collective agreements being removed.  This has essentially gutted the key provision of the Bill.

The Committee has also removed the terms “primary” and “secondary” employer, and simply uses the term "employer" where a person is an employee engaged under a contract of service.  The term “controlling third party” also replaces "secondary employer", to signify the organisation that exercises control or direction (or is entitled to exercise such powers) over the employee.

The ability to raise a personal grievance to join a controlling third party to a personal grievance remains, but that would require prior approval by the Employment Relations Authority.