Subsection (1) clarifies that the new requirements are added as an amendment to Section 27I of the ERA 1996, which requires employers to maintain a written tipping policy where qualifying tips, gratuities and service charges are paid at (or are attributable to) an employer’s place of business on more than an occasional or exceptional basis.
	Subsection (2) inserts new subsection (2A) into section 27I of the ERA 1996, introducing the requirement for employers to consult with the representatives of recognised trade unions or worker representatives, or, where there are no such representatives in place, workers likely to be affected by the policy. Such consultation must carried out before the employers produce their written tipping policy.
	Subsection (3) inserts new subsections (3A), (3B) and (3C) into section 27I of the ERA 1996. Subsection (3A) introduces the requirement for employers to review their written policy from time to time, where they make a written policy available to workers under section 27I of the ERA 1996.
	Subsection (3B) introduces a review process for the written policy. The first review must take place at least once within three years from the date the initial version of the policy is made, even if that date is before the subsection comes into effect. Following that, reviews must take place at least once within three years after the completion of the previous review.
	Subsection (3C) clarifies that an employer must consult the appropriate persons described in the new subsection (2A) during every review of the written policy.
	Subsection (4) inserts new subsections (7) and (8) into section 27I of the ERA 1996. New subsection (7) introduces a requirement for employers who have carried out a consultation on their written policy to also make available an anonymised written summary to all workers at the place of business. New subsection (8) clarifies that the term "recognised", when referring to a trade union, carries the same definition as provided in the Trade Union and Labour Relations (Consolidation) Act 1992, specifically in section 178 of that Act.
Part 1: Employment Rights Tips and gratuities, etc Section 14: Policy about allocating tips etc: review and consultation