Full source list for What the Employment Agreement Builder is asking me, and what those choices commit me to
Six numbered references for /wayfinder/refs/employment-agreement-essentials:
1. Availability provisions: section 67D of the Employment Relations Act 2000 sets the requirements for an availability provision. The provision must sit alongside specified guaranteed hours of work; the employer must have genuine reasons based on reasonable grounds for both the availability requirement and the number of hours specified; the agreement must provide reasonable compensation for the availability. For salaried employees, section 67D(7) allows the compensation to be embedded in salary if the agreement says so explicitly. Section 67E entitles the employee to refuse additional work if the availability provision does not provide for reasonable compensation.
2. Restraint of trade enforceability: a restraint of trade clause is prima facie void as contrary to public policy (BYOF Holdings Pty Ltd v Bencho Ltd [2014] NZHC 1560) but may be enforced where the employer can show a legitimate proprietary interest to protect and the restraint is reasonable in scope, duration, and geographic reach. Courts can vary unreasonable restraints rather than void them entirely (Tova O'Brien v Discovery NZ [2022] NZERA). Restraints against junior employees with no proprietary interest to protect are typically not enforceable (Re Marlborough Mortgages Ltd v Nichols).
3. Pending legislation — Employment Relations (Restraint of Trade) Amendment Bill: a Member's Bill introduced 21 September 2022, first reading 26 July 2023, awaiting second reading as at May 2026. If passed in current form, would make restraint of trade clauses unenforceable against employees earning less than three times the minimum weekly adult rate, and require employers to pay reasonable compensation (at least 50% of average weekly earnings for each week the restraint applies) for employees above that threshold.
4. Mandatory contents under section 65: every individual employment agreement must contain the names of the parties, a description of the work, the place of work, hours of work, wages or salary payable, a plain explanation of how to resolve employment relationship problems, a statement that the employee will be paid time-and-a-half for working on a public holiday, and an employment protection provision applying if the business is sold or work is contracted out.
5. Trial period provisions under sections 67A and 67B: a trial period must be specified in writing in the agreement before the employee starts work, may not exceed 90 days, and applies only to employees who have not previously been employed by that employer. See the entry on 90-day trial periods for the full validity requirements.
6. Crimes (Theft by an Employer) Amendment Act 2025, effective 14 March 2025: amends the Crimes Act 1961 to make it theft for an employer to intentionally fail, without reasonable excuse, to pay money owed to an employee under their employment agreement or statutory obligations. Maximum penalty for individuals: $5,000 fine and/or one year's imprisonment. Maximum penalty for corporates: $30,000 fine.