Application number: wv00358203 Client number: 79338729 30 March 2023

1

1. 
   Place of work
   

2. 
   The Employer’s premises is located at [18A Milliken Avenue, Mount Roskill, Auckland], New Zealand. However, due to the nature of the construction industry, the Employee will be required to work at various construction sites across the [Auckland] (‘Region”), as required by the Employer.
   
3. 
   Travel for work within the Region - The nature of the construction industry means the location of work changes.
   
4. 
   For work located within the Region, the Employee agrees to regularly travel, as required for various construction jobs; and
   
5. 
   The Employee understands it is the Employees responsibility and expense to arrange transport from their home, to and from work whichever location their work is for the day, within the Region.
   
6. 
   From time to time the Employee may be required to travel outside the Region, and within New Zealand, in order to fulfil the requirements of the position. The Employee is permitted to decline the Employer’s offer to travel to places of work outside the Region.
   
7. 
   Travel or change of location outside the Region:
   
8. 
   The Employer agrees to provide reasonable notice when the Employee is required to travel or change location outside the Region;
   
9. 
   The Employer agrees to provide compensation to the Employee when being required to travel or change location outside the Region, including for travel and accommodation upon providing a GST receipt as proof of payment to the Employer. All travel expenses must have prior written approval from the Manager; and
   
10. 
    When the Employee is unable to travel or change locations outside the Region, the Employee may continue working within the Region.
    
11. 
    The Employer understands its obligations to Immigration New Zealand that prior to offering work outside the Region (greater than 1 to 2 weeks work) to the Employee, the Employer must have met the labour market test:
    
12. 
    the Employer has made genuine attempts to attract and recruit suitable New Zealand workers by advertising the job; and
    
13. 
    the Employer did not find suitable and available New Zealand workers for the job.
    
    1. 
       Hours of work
       
14. 
    The Employee will be guaranteed minimum 40 hours per week, from Monday to Saturday, between the hours of 7:00 am and 3:30 pm.
    
15. 
    The Employer may offer additional hours and the Employee can decide whether to accept the offer of extra hours.
    

2

1. 
   The maximum number of hours that the Employee may be offered to work is 45 hours per week.
   
2. 
   If the Employer has asked the Employee to work additional hours beyond the 40 hours per week, and the Employee agrees to work more hours, the Employee will be paid for such overtime based on their usual hourly rate.
   
3. 
   If the Employer has asked the Employee to work additional hours beyond the maximum 45 hours per week, and the Employee agrees to work more hours, the Employee will be paid for such overtime based on their usual hourly rate.
   
4. 
   The Employee is entitled to paid rest breaks and unpaid meal breaks based on the number of hours worked. Rest and Meal Breaks are 30 minutes unpaid meal break and two 10 minutes rest breaks. Breaks will be taken at times agreed to by the Employer and Employee or when the law provides that breaks must be taken.
   

1. 
   Trial period
   
1. 
   The Employee and Employer agree that the Employee’s employment is subject to a trial period of 90 days duration and the trial period will commence on the day the Employee starts work.
   
2. 
   During the trial period, the Employer may dismiss the Employee or give notice of dismissal; and, if the Employer does so, the Employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.
   
3. 
   During the trial period, either party may terminate this Agreement by giving one week’s notice of termination to the other party. The Employer may pay the Employee wages or salary instead of the Employee being required to work during the notice period.
   
4. 
   Nothing in this clause shall prevent the Employer from dismissing the Employee for serious misconduct during the trial period, by giving notice to the Employee that their employment will terminate with immediate effect.
   
5. 
   The Employee will not have a legitimate expectation that he/she is to be offered part-time or full-time employment pursuant to this Agreement unless the Employee has satisfactorily completed the trial period to the approval of the Employer.
   
6. 
   This clause is made pursuant to sections 67A and 67B of the Act.