INDUSTRY
Sweeping legislative changes come into effect New Zealand Security Association CEO Gary Morrison outlines a number of legislative changes that stand to significantly impact providers of security services. Over the next few months businesses will be faced with a number of workplace reforms that will have considerable impact, particularly for the providers of manpower services. Given their significance, I do encourage our members to obtain specialist advice, particularly around the drafting of employment agreements.
Whilst I have provided a brief summary and commentary on these changes in my monthly report, the NZSA has worked with Jaime Rose-Peacock from Marbles Business Solutions, a specialist in the field of Human Resources and Employment Relations, to provide a more in-depth analysis of the changes. The report from Jaime will be forwarded to members only under separate cover.
Gary Morrison, New Zealand Security Association CEO
12
NZSM
There is also longer-term uncertainty from a business perspective with the potential for an industry-wide Fair Pay Agreement (security and bus drivers are rumoured to be the first industries to be covered by FPAs), the proposed reform of the Vocational Education sector that will see the merging of all polytechnics and ITOs, and Capital Gains Taxes for the sale of privately-owned businesses. Increase to Minimum Wage The minimum wage will increase to $17.70 an hour on 1st April, an increase of $1.20 per hour. This will obviously have a significant impact on those operating within the guarding sector but will also have wider ramifications as employees seek to maintain pay parity. Most providers have been proactive in approaching customers on this issue, and there has been a general acceptance on the need to pass on the immediate cost increase. The challenge, however, is in gaining customer awareness and acceptance of the ‘pay parity’ flow-on effect of those staff not directly affected by the minimum wage increase but who still will require an increase in their pay rates. We recommend adopting an open book disclosure policy, and reassure customers that necessary increases relate directly to increased costs rather than a movement in margins. Domestic Violence Victims Protection Act 2018 This Act, which comes into effect on 1st April, provides any victim of abuse (physical, sexual or psychological) with the right to access 10 days paid domestic leave (in each 12-month period), the right to request temporary flexible working arrangements (for up to two months) and the ability for the employee to raise
a personal grievance if treated adversely. The Act also covers people who are the victims of historic abuse and are still suffering. Leave is not pro-rated – like sick leave, all staff can claim a full 10 days within a year including part-time or casual employees, however, it cannot be accrued if not used within the year. Employees can also claim this entitlement if they have dependents living with them (17 years or under) who are affected by domestic violence. The law provides that the employer can request proof, before granting the leave and flexible working. However, if the employer doesn’t get suitable proof, they can’t deny the leave altogether. The employer would have to allow the leave being taken (either unpaid, or via other types of leave) and would still need to consider the flexible working arrangements under the current flexible working laws. Licensing for Monitoring Operators In our last newsletter we advised that an amendment to the Private Security Personnel and Private Investigators (Minimum Training) Regulations 2018 would come into effect on 1st April 2019, and we understand that this is still on track. The change will confirm that Monitoring Operators are required to be licensed under the Property Guard classification in the Act, but will provide them with an exemption from the Minimum Training Unit requirements. Associated changes will be made to the Certificate of Approval application and renewal process to ensure that Property Guard applicants are identified as either frontline (Security Officers) or non-frontline (Control Room or Monitoring Centre Operators).
April/May 2019
