PROPOSED CHANGES :The 30 Day Rule

When a new Employee starts work they are usually offered an Individual Employment Agreement [IEA]. If the workplace is covered by a Collective Employment Agreement [CEA] then the new Employee is to be covered by the same terms and conditions in the CEA for the first 30 days they are employed.

This means their IEA is the same as the CEA

After 30 days the Employee can decide to join the Union and continue to be covered by the CEA or remain on the IEA.

The Proposed Changes

The Employment Relations Amendment Act 2025 is proposing to remove this rule so that the IEA can have different terms and conditions in it compared to the CEA

The removal of the “30-day” rule is to support an expansion of 90-day trials at the start of employment.

The Employer must give a copy of any CEA’s that an employee may be covered by and told of any Unions that may be active in their workplace. This is so the Employee can be fully informed before deciding what employment agreement they want to be on.

Impact

With the removal of this rule the Employer will be able to include clauses not usually found in a CEA such as 90 day trial period.

When the 90 day trial period was introduced the Government said that Employees and Employers were not obligated to include this clause in the agreements and could negotiate to either not have any trial period, or to have a shorter trial period, less than 90 days.

Even though 90 day trial periods are not compulsory for new Employees, in reality Individual Employment Agreements usually include this clause without any challenge due to the power imbalance between Employees and Employers.

Advice

New Employees can join a Union as soon as they have accepted an offer of work. They do not have to wait 30 days to join a Union

This change may not seem like a big deal,as the Employer is still likely to offer similar terms and conditions as in a CEA however it gives Employers the power to introduce terms and conditions that may be oppressive to the Employee such as restraints and 90 day trial periods.

Currently the 30 day rule places restrictions on the Employer as to how far they can go in what they can demand in an IEA.

A new Employee should ask to see any available CEA’s and talk to the Union if they have questions. It is important for a new Employee to be fully informed and take advice before agreeing to and signing any written agreement as it will be legally binding.

Disclaimer: these are opinions and views of NUPE and should not be substituted for legal advice. If this article has raised any questions or concerns please contact us directly

Public submissions are now being called for the Employment Relations Amendment Bill 2025

The closing date for submissions is 2.00pm on Wednesday, 13 August 2025

90,000 strong pay equity petition delivered to MPs

Women representing the more than 300,000 workers in female-dominated industries affected by the Government’s gutting of Aotearoa New Zealand’s pay equity system have today delivered a petition of 93,924 people to opposition MPs at Parliament.

“The Government has made it virtually impossible for people in female-dominated industries to be paid fairly, but this petition shows that women will not be deterred in our fight to achieve pay equity for all,” said PSA National Secretary Fleur Fitzsimons.

“The workers who are affected by the cancellation of claims keep this country running with the essential work they do to support education, health, families and communities,” said Fitzsimons.

“Overnight the Government reversed decades of progress to correct pay rates for women, but we are heartened that tens of thousands of New Zealanders are supporting us,” said secondary school teacher and PPTA Executive Member Clare Preston.

“We are demanding that the Government undo the Equal Pay Act changes, reverse the claim cancellations, and deliver pay equity for all workers,” said Preston.

“The pay equity changes were a huge slap in the face for women and have a massive impact on the families and communities we care for, but we will continue to rise up,” said care and support worker and E tū delegate Jo-Chanelle Pouwhare.

“We will not stop fighting until the Government listens to us,” said Pouwhare.

Contacts:

Jack McDonald, 027 759 1680

NUPE Applauds $41M Government Investment in Oranga Tamariki Staff Training

Last week, Minister for Children Karen Chhour announced a major funding boost: $41 million allocated to upskill frontline staff in Oranga Tamariki (OT) youth care homes. NUPE applauds the allocation of funding and will be meeting with OT leaders to understand the detail of what this upskill will look like in real terms.

Residential Services: Long Overlooked and Underfunded

This funding addresses a long-standing concern: OT’s residential services have often been neglected. A 2023 review identified workforce readiness as a major weakness, flagging staff as "relatively unskilled" in key areas. With cutbacks in recent years—including hundreds of job losses and reduced NGO partnerships—residential care settings have struggled to maintain safety due to staff retention issues, experience, training, supervision and a strong practice framework.

A Renewed Leadership Strategy

Under its new leadership, OT has crafted a refreshed strategy to reinforce safe, therapeutic residential services. Central to this plan is ensuring that there is strong recruitment, induction, and ongoing professional development. The $41M investment is a signal that the development of staff is a priority.

NUPE: Driving Change Through Advocacy

For years, the National Union of Public Employees (NUPE) has insisted on the necessity of robust investment in residential workforce capability. NUPE has championed that only well-supported staff—who are confidently trained and valued—can deliver the safe, caring, and effective services OT strive to deliver.

“A safe, therapeutic service relies on staff being properly recruited, inducted, trained and developed—not only for their own professional growth but for the wellbeing of every child and young person in care.”

This recent funding announcement represents a hard-won victory for NUPE’s persistent advocacy. It demonstrates that government and agency leaders have heard NUPE’s calls and are willing to back them financially.

Next Steps: Turning Investment Into Action

NUPE will soon engage directly with OT senior leaders to clarify how the funding will be translated into real-world change. These discussions will focus on:

1. Training design — topics covered, standards set, delivery models

2. Implementation timelines — how soon programmes will begin, rollout phases

3. Access and equity — ensuring all residential staff have meaningful opportunities

4. Ongoing evaluation — how learning will be assessed and sustained

   
   

NUPE is determined to ensure this investment doesn’t remain a line on a page but becomes tangible improvements in care quality, safety, and staff wellbeing.

Celebrating Progress, Demanding Momentum

This $41M commitment marks a significant turning point in addressing the decades-long underinvestment in residential care services. Thanks to the combined force of NUPE’s advocacy and fresh OT leadership, Aotearoa is poised to deliver the professionally supported, therapeutic environments that our most vulnerable young people need—and deserve.

NUPE remains committed to accompanying this progress every step of the way. The real measure of success will be in the transformation of staff practice, the uplift in service quality, and the confidence and respect OT residential work deserves.

Residential staff are consistently under a lot of pressure. Young people in care come with high and complex needs and often volatile and dangerous behaviour. It is essential that staff are provided the resources, training and support they need to deliver the service safely.