New Section 27BE of the ERA 1996 makes provisions around the acceptance or rejection of the guaranteed hours offer by the worker.
	Subsection (1) provides that where a guaranteed hours offer has been made, a qualifying worker may accept or reject the offer by giving notice to their employer before the end of the response period unless it treated as having been withdrawn in accordance with s. 27BD(2) (due to there being a relevant termination) or regulations made under 27BD(6) (an exception applying).
	Subsection (2) provides that where the offer of guaranteed hours takes the form of an offer to vary terms and conditions of the contract that was in force when the offer was made, and that contract is still in force, and the offer is accepted by the worker by giving the required notice to the employer, the variation should be treated as taking effect on the day after the day on which notice is given by the qualifying worker (subject to subsection (6)).
	Subsection (3) provides that where the offer takes the form of an offer to vary terms and conditions – but the worker’s contract ceases to be in force during the response period – the worker may still give notice to accept or refuse the offer of guaranteed hours, unless the offer has been withdrawn due to a relevant termination under Section 27BD(2) or due to an exception applying under the regulations made under s. 27BD(6). If the worker does so, the worker and employer are treated as entering into a worker’s contract on the day after the day on which notice is given and the terms of the contract should be the same as the terms of the contract that was in place when the offer of guaranteed hours was made.
	Subsection (4) provides that – where the offer of guaranteed hours takes the form of an offer to enter into a new worker’s contract and the worker gives notice to accept the offer – the worker and employer are treated as entering into that new worker’s contract the day on which the acceptance notice is given. The new worker’s contract will replace any existing contract on that day.
	Subsection (5) provides that where a new worker’s contract is entered into further to the offer being made, entering into that new worker’s contract will not break a worker’s continuity of employment (where they are an employee). Where a new worker’s contract is provided, the previous contract should not be treated as having been terminated for the purposes of part 10 of the ERA.
	Subsection (6) provides that a worker and employer may agree that the variation of the worker’s terms and conditions or the new worker’s contract may take effect / be entered into on a later day than provided for in sub sections (2), (3) or (4).
	Subsection (7) provides that if a qualifying worker does not accept or reject the offer of guaranteed hours by giving the required notice before the end of the response period, they are treated as having rejected the offer.
	Subsection (8) allows regulations to be made regarding the form and manner in which the worker must respond to the employer’s offer of guaranteed hours and when a notice of acceptance or rejection of an offer is to be treated as having been given.
	Subsection (9) defines the term ‘the response period’ in this section to have the same meaning as set out in section 27BD.
	Subsection (10) provides that a worker can no longer accept or reject a guaranteed hours offer if the offer is withdrawn in accordance with 27BY(3) (due to the terms of a collective agreement being incorporated into the worker’s contract).
Part 1: Employment Rights Zero hours workers, etc New Section 27BE