Brownlee Gerry: Questions for Oral Answer — Questions to Ministers 
Brownlee Gerry: Questions for Oral Answer — Questions to Ministers 
[Volume:627;Page:21825] 
5.  
GERRY BROWNLEE (Deputy Leader—National) 
 to the  
Minister of Labour 
: Was it the Government’s intention when the Employment Relations Act 2000 was passed that collective agreement settlements such as that between the Public Service Association and the Ministry of Social Development that provides for a $1200 one-off lump-sum payment only for union members would be encouraged? 
Hon PAUL SWAIN (Minister of Labour) 
: 
 The Government’s intention in passing the Employment Relations Act was to provide flexible legislation that would allow the parties to negotiate fair agreements in good faith. 
Gerry Brownlee 
: Can the Minister assure the House that the $1200 lump-sum payment to Ministry of Social Development employees who are union members is not connected to the pro-Labour anti - tax cut campaign currently being run by the Public Service Association? 
Hon PAUL SWAIN 
: Yes. 
Lianne Dalziel 
: Has the Minister seen any proposals for changes to the Employment Relations Act? 
Hon PAUL SWAIN 
: Yes. I have seen a proposal to scrap the Employment Relations Act followed by a statement that the business community is broadly happy with the Employment Relations Act followed by a statement that the Employment Relations Act will be repealed in its entirety. All those statements came from the National Party. It is just another flip-flop from National but we are all getting used to them by now. 
Peter Brown 
: Does the Minister accept that it is fair and reasonable for a trade union to negotiate a one-off lump-sum payment and if he does accept that why is it not fair for a group of non-union people to negotiate a similar-type arrangement? 
Hon PAUL SWAIN 
: The Employment Relations Act provides for collective and individual agreements. Just as there can be those on collective agreements who get a little more than those on individual agreements so it can be the other way round. 
Gerry Brownlee 
: What does the Minister say to allegations that that two-part arrangement with $1200 paid to Public Service Association members now and $350 paid to them and others who joined the union after the settlement date is nothing more than a thinly veiled action by the Labour Party to fund part of its election campaign? 
Hon PAUL SWAIN 
: I say “baloney”. 
Peter Brown 
: I raise a point of order Madam Speaker. This is a serious point of order. The Minister might not be aware but a group of non-union people are not allowed to negotiate on their behalf. They would have to form an incorporated society join a union or pay a bargaining fee. I asked the Minister whether he thought that that was fair—the emphasis being on fair not what they can do. Clearly he does not understand his own legislation. 
Madam SPEAKER 
: That is actually not a point of order. Does the member wish to ask a supplementary question? 
Peter Brown 
: I feel that I asked the question that he should have endeavoured to answer. 
Madam SPEAKER 
: He did address the question. I listened to it. He may not have done it satisfactorily which is obvious. Does the member wish to ask another supplementary question? 
Peter Brown 
: I am conscious that it will come out of our allowance. However if the Speaker allows me the discretion to ask an extra one— 
Madam SPEAKER 
: If I give the member a discretion I give it to everyone and then I am in real trouble. I shall ask the member whether he wishes to ask another supplementary question. 
Peter Brown 
: I shall ask another question. I will be in trouble with my colleagues but never mind. Does the Minister think that it is fair that non-union people cannot negotiate a collective arrangement in any way shape or form even for a one-off lump-sum payment? 
Hon PAUL SWAIN 
: There was a lot of debate about that as it went through the select committee and the Government decided that those who were to negotiate collective agreements were unions. That is the policy and that is the Act. 
Gerry Brownlee 
: I seek leave of the House to table a document that clearly shows the connection between the Labour Party this excessive payment and its re-election prospects. The document widely believed to be the Labour Party manifesto is known as the  
PSA Journal 
 2005. 
Madam SPEAKER 
: Leave is sought to table that document. Is there any objection? Yes there is objection.