51 Transitional provision for employers who already pay for work on public holidays in employee’s regular pay

(1)

This section applies to—

(a)

an existing collective agreement until the later of—

(i)

1 April 2007; or

(ii)

the date on which a collective agreement that replaces the existing collective agreement comes into force:

(b)

an existing individual employment agreement, until 1 April 2007.

(2)

An employer may pay an employee for work on a public holiday as part of the employee’s regular pay if the requirements of subsection (3) are met.

(3)

The requirements are that—

(a)

an amount for working on public holidays has been previously genuinely negotiated into the employee’s regular pay; and

(b)

the amount can be demonstrated to meet the objectives of section 50; and

(c)

the employer can provide evidence to support the requirements in paragraphs (a) and (b).

Section 51(1): substituted, on 22 October 2004, by section 6 of the Holidays Amendment Act 2004 (2004 No 85).