5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

annual holiday means an annual holiday provided under subpart 1 of Part 2

authorised representative, in relation to an employee, means a person who is authorised under section 236 of the Employment Relations Act 2000 to represent the employee

average daily pay means a rate of pay calculated in accordance with section 9A(2)

average weekly earnings means 1/52 of an employee’s gross earnings

bereavement leave means paid bereavement leave provided under subpart 4 of Part 2

closedown period has the meaning given to it by section 29

discretionary payment

(a)

means a payment that the employer is not bound, by the employee’s employment agreement, to pay the employee; but

(b)

does not include a payment that the employer is bound, by the employee’s employment agreement, to pay the employee, even though—

(i)

the amount to be paid is not specified in that employment agreement and the employer may determine the amount to be paid; or

(ii)

the employer is required under that employment agreement to make the payment only if certain conditions are met

employee has the same meaning as in section 6 (except subsection (1)(b)(ii)) of the Employment Relations Act 2000

existing collective agreement means a collective agreement that was entered into before 1 April 2004

existing employment agreement means an employment agreement that is entered into before 1 April 2004

existing individual employment agreement means an individual employment agreement that was entered into before 1 April 2004

family violence has the meaning given to it in section 9 of the Family Violence Act 2018

family violence leave means paid family violence leave provided under subpart 5 of Part 2

former Act, in relation to the Accident Compensation Act 2001, has the same meaning as in section 6(1) of that Act

gross earnings has the meaning given to it by section 14

holiday

(a)

means—

(i)

a paid annual holiday provided under subpart 1 of Part 2:

(ii)

a paid public holiday provided under subpart 3 of Part 2; and

(b)

includes any alternative holiday an employee is entitled to under section 56 or section 59

holiday and leave record means the record required to be kept under section 81

holiday pay

(a)

means pay for an annual holiday or a public holiday; and

(b)

includes a payment an employee is entitled to under section 61

in advance,—

(a)

in relation to an annual holiday, means an annual holiday taken by an employee before the entitlement to the holiday has arisen under section 16:

(b)

in relation to sick leave or bereavement leave, means any sick leave or bereavement leave taken by the employee before the entitlement to the leave has arisen under section 63:

(c)

in relation to family violence leave, means any family violence leave taken by the employee before the entitlement to the leave has arisen under section 72C

leave pay means pay for sick leave, bereavement leave, or family violence leave

ordinary weekly pay has the meaning given to it by section 8

partner, in the phrase “spouse or partner” and in related contexts, means civil union partner or de facto partner

person affected by family violence has the meaning given to it by section 72B

public holiday

(a)

means a day specified in section 44(1); and

(b)

if there is a written agreement under section 44A or 44B,—

(i)

includes a calendar day or period of 24 hours agreed to be treated as a public holiday; but

(ii)

excludes the day (or part of a day) specified in section 44(1) agreed not to be treated as a public holiday

relevant daily pay has the meaning given to it by section 9

sick leave means paid sick leave provided under subpart 4 of Part 2.

(2)

In this Act, unless the context otherwise requires,—

(a)

the terms Authority, court, department, employer, employment agreement, Labour Inspector, and union have the same meanings as in section 5 of the Employment Relations Act 2000; and

(b)

any other term or expression that is used but not defined in this Act, but that is defined in the Employment Relations Act 2000, has the meaning given to it by that Act.

(3)

In this Act, a reference to—

(a)

an employee, in relation to an employer, means a person employed by the employer:

(b)

an employer, in relation to an employee, means the employee’s employer.

Section 5(1) average daily pay: inserted, on 1 April 2011, by section 4(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 5(1) closedown period: inserted, on 1 April 2011, by section 4(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 5(1) discretionary payment: inserted, on 1 April 2011, by section 4(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 5(1) domestic violence: repealed, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) domestic violence leave: repealed, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) existing collective agreement: inserted, on 22 October 2004, by section 3 of the Holidays Amendment Act 2004 (2004 No 85).

Section 5(1) existing individual employment agreement: inserted, on 22 October 2004, by section 3 of the Holidays Amendment Act 2004 (2004 No 85).

Section 5(1) family violence: inserted, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) family violence leave: inserted, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) former Act: amended, on 1 April 2019, by section 20(2) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 5(1) in advance paragraph (c): inserted, on 1 April 2019, by section 20(3) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 5(1) in advance paragraph (c): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) leave pay: amended, on 1 April 2019, by section 20(4) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 5(1) leave pay: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) partner: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 5(1) person affected by domestic violence: repealed, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) person affected by family violence: inserted, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 5(1) public holiday: substituted, on 1 April 2011, by section 4(2) of the Holidays Amendment Act 2010 (2010 No 126).

Section 5(1) spouse: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).