Mapp Wayne: Questions for Oral Answer — Questions to Ministers Questions to Members 
Mapp Wayne: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:620;Page:15583] 
6.  
Dr WAYNE MAPP (National—North Shore) 
 to the  
Minister of Labour 
: Why has the Government introduced a bill making it a breach of good faith for an employer to enter into an individual agreement which has the effect of undermining a collective agreement given the statement by Graeme Harrison chairman of ANZCO Food Limited that in the “bad old days” the unions “led by people not employed on site effectively controlled the plant yet were not interested in addressing issues to ensure its survival.”? 
Hon PAUL SWAIN (Minister of Labour) 
: 
 The objectives of the Employment Relations Act are among other things to promote collective bargaining while maintaining the integrity of individual choice. The Employment Relations Law Reform Bill is clear therefore that individual employment agreements should reflect genuine individual bargaining. However the bill also makes it clear that employers may pay employees on individual agreements the same or substantially the same as those on collective agreements provided the bargaining is carried out in good faith. These are not the “bad old days”. 
Dr Wayne Mapp 
: Why did the Government change clause 19 of the bill in the Transport and Industrial Relations Committee so that employers now face a penalty of up to $10000 simply because they offer an employee an individual contract that might have the effect of undermining a collective contract when all employers want to do is to ensure that employees on individual contracts get a reasonable rate of pay? 
Hon PAUL SWAIN 
: As I have said before the bill makes it clear that employers can pay employees on individual contracts the same or substantially the same as those on collective contracts provided they act and bargain in good faith. What can be wrong with that? 
Helen Duncan 
: Has the Minister seen any reports suggesting that the Employment Relations Act is working well? 
Hon PAUL SWAIN 
: Yes I have seen a report from someone who stated that he thought the business community was broadly happy with that Act. This contrasts sharply with comments made in October 2003 by the same person that the Employment Relations Act would be scrapped. Those comments come from Dr Don Brash the leader of the National Party. It seems that the Employment Relations Act was to be gone by lunchtime but now may be here until teatime. 
Dr Wayne Mapp 
: Why would the Government legislatively force employers to conclude collective agreements that effectively promote multi-employer collective agreements when it is precisely those types of agreements that caused so many problems on the waterfront when there was a single national award that led to huge strikes? 
Hon PAUL SWAIN 
: I understand from my colleague who is the chairman of the select committee that multi-employer collective agreements were the subject of a lot of submissions. One of the things the employers objected to was that employers would be forced to go to the first meeting and the select committee in its wisdom decided to take out that provision. 
Dr Wayne Mapp 
: Is the Minister aware that the Government has now made it a requirement of good faith to force employers to conclude a collective agreement even though an employer may oppose or object in principle to a collective agreement and has added a new penal provision with a $10000 fine? 
Hon PAUL SWAIN 
: The answer is yes. The employers are required to negotiate in good faith to fulfil one of the objectives of the Employment Relations Act which the leader of the National Party now supports and says is working well—that is to promote collective bargaining.