This subpart applies to—

Subsection (1) is subject to—

On the commencement of this Act, a claim for sleepover wages in respect of a sleepover performed before the commencement of this Act by an employee of Idea Services or Timata Hou—

On the commencement of this Act, a claim for sleepover wages lodged after 5 pm on 2 September 2011 in respect of a sleepover performed before the commencement of this Act by an employee of any employer in the health and disability sector—

On and from the commencement of this Act, an employee to whom this subpart applies—

This section is subject to section 13(2) and (3).

This subpart applies only to—

Subsection (1) is subject to—

On and from the commencement of this Act, an employee to whom this subpart applies—

This section does not limit or prevent an action by an employee to whom this subpart applies for—

This section—

A current employee to whom this subpart applies is entitled to be paid back wages for a sleepover if the employee—

The amount of back wages payable to the current employee under subsection (1) is the amount calculated in accordance with the formula set out section 19(1).

A recent employee to whom this subpart applies is entitled to be paid back wages for a sleepover if the employee—

The amount of back wages payable to the recent employee under subsection (1) is the amount calculated in accordance with the formula set out in section 19(1).

A historic employee to whom this subpart applies is entitled to be paid back wages for a sleepover if the employee—

The amount of back wages payable to the historic employee under subsection (1) is the amount calculated in accordance with the formula set out in section 19(1).

To avoid doubt, an employee to whom this subpart applies may be entitled to payments for back wages under any or all of sections 14 to 16.

To avoid doubt, an employee to whom this subpart applies is not entitled to back wages for a sleepover except as provided in sections 14 to 16.

Any back wages for a sleepover payable under any of sections 14 to 16 must be calculated in accordance with the following formula:

In subsection (1), applicable minimum hourly rate means the minimum hourly rate of wage prescribed under section 4 of the Minimum Wage Act 1983 that applied at the time the employee to whom this subpart applies performed the sleepover.

An employer must pay any back wages for a sleepover that are payable to an employee to whom this subpart applies no later than 2 months after the date of commencement of this Act.

During the period beginning on 1 July 2011 and ending with the close of the day before the commencement of this Act, an employer must pay an employee to whom this subpart applies an amount calculated in accordance with the formula set out in section 19(1) (which applies with any necessary modifications) for each sleepover that the employee performed during that period.

An employer must pay any amount payable to the employee under subsection (1) no later than 2 months after the date of commencement of this Act.

An employer must pay an employee to whom this subpart applies for each hour of sleepover that the employee performs during the period specified in the first column of the following table at the minimum hourly rate opposite that period specified in the second column of the following table:

On and after 1 July 2013, an employer must pay an employee to whom this subpart applies for each hour of a sleepover performed by the employee at not less than the rate of minimum hourly wage that applies under the Minimum Wage Act 1983.

To avoid doubt, this section does not limit or affect any deductions that may lawfully be made to an amount payable under subsection (1) or (2).

In sections 24 to 28,—

The Governor-General may, by Order in Council made on the recommendation of the relevant Minister after consultation with the Minister of Labour, modify or extend the application of—

An Order in Council made under subsection (1) may, subject to subsection (3) and section 25, 26, 27, or 28 (as the case may be), modify or extend any provisions of subparts 1 and 2 for either or both of the purposes stated in section 3(1)(a) and (b) as if they related to the other employer and that other employer’s employees.

An Order in Council made under subsection (1) must not provide for a process for achieving a staged progression to the minimum hourly rate of wage that applies under the Minimum Wage Act 1983 if that process will result in the other employer’s employees receiving payment for a sleepover at less than the rate they were receiving from the other employer immediately before the Order in Council is made.

An Order in Council made under subsection (1)—

In order to give effect to a proposed settlement between any other employer and that other employer’s employees, a modification or extension of a provision in subpart 1 may do 1 or more of the following:

In order to give effect to a proposed settlement between any other employer and that other employer’s employees, a modification or extension of a provision in subpart 2 may do 1 or more of the following:

This section applies if a settlement between any other employer and that other employer’s employees cannot be reached.

If this section applies, the relevant Minister must not recommend the making of an Order in Council under section 24 that modifies or extends subparts 1 and 2, or only subpart 2, unless the relevant Minister—

Despite sections 25 and 26, a modification or extension of subparts 1 and 2, or only subpart 2, that relates to any employer in the health and disability sector and that employer’s employees must not do any of the following:

An Order in Council made under section 24 is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

This section applies to a dispute between an employee and that employee’s employer about—

If the dispute is not disposed of between the employee and the employee’s employer,—

Despite subsection (2)(a), section 148A(2) of the Employment Relations Act 2000 does not apply in relation to any agreed terms of settlement in which a party agrees to forgo all, or part, of that party’s minimum entitlements to the extent permitted by this Act.

In subsection (3), minimum entitlements means wages or holiday pay or other money payable by the employer to the employee under the Holidays Act 2003 or the Minimum Wage Act 1983.

If proceedings are commenced before the Employment Relations Authority in accordance with section 30(2)(b),—

Without limiting subsection (1), the following provisions of the Employment Relations Act 2000 apply, with any necessary modifications:

An order made or judgment given by the Employment Relations Authority or the Employment Court under section 31 may be filed in any District Court and is then enforceable in the same manner as an order made or judgment given by the District Court.

To avoid doubt, an order imposing a fine is enforceable under Part 3 of the Summary Proceedings Act 1957.

In an order imposing a fine under section 140(6) of the Employment Relations Act 2000, the order may direct that the whole or any part of the fine must be paid to the employee concerned.

An employer who fails to comply with an obligation imposed on the employer by this Act is liable to a penalty imposed by the Employment Relations Authority.

For the purposes of subsection (1), the following provisions of the Employment Relations Act 2000 apply, with any necessary modifications, in relation to a penalty imposed under that subsection:

Nothing in this Act limits or affects the agreement dated 13 September 2011 between the Crown, Idea Services, Phillip William Dickson, and the Service and Food Workers Union Nga Ringa Tota as it relates to the decision of the Court of Appeal in Idea Services Limited v Phillip William Dickson [2011] NZCA 14.