Whaitiri Meka: Employment Standards Legislation Bill — In CommitteeText is incorporated into the Bound VolumeWhaitiri Meka: Employment Standards Legislation Bill — In Committee[Sitting date: 08 March 2016. Volume:711;Page:9469. Text is incorporated into the Bound Volume.]MEKA WHAITIRI (Labour—Ikaroa-Rāwhiti): Tēnā koe Mr Chairman. Tēnā tātou katoa. It is my pleasure to take a short call on the Employment Standards Legislation Bill and like all speakers we are talking about Part 1 here. We have obviously pushed for more than 18 weeks but here we are passing a piece of legislation that is lifting paid parental leave from 16 to 18 weeks. For many of us in here it is just a commitment that we have to keep pushing for that particular commitment from this Government. I want to draw your attention to the commentary in the report back by the Transport and Industrial Relations Committee where in the introduction it says: “The overarching policy goal is to make workplaces fairer and more productive for both employers and employees.” I would say that there is not anyone in this Committee who does not support workplaces that are fairer and more productive for employees and employers. I guess the question is one of balance.My short contribution on ensuring that we meet this overarching goal is reflected in new section 30B—and if I have got time down to new section 30F—inserted by clause 34 in Part 1. That is where we talk about the mechanics of how an employee or a caregiver goes about applying for the leave the process that they need to adopt the time they need to get their request in and then the role of the employer to either approve it or not approve it and the reasons why an employer will decline. When I read through new section 30B particularly subsection (3)(a) it talks about 3 months prior to the date of delivery. The negotiated carer would require 3 months before the expected due date. Then we go down into subsection (3)(b) where it says that in all other cases it is 14 days prior. Essentially I am flagging that probably we need some more clarification of when the 3 months apply and when the 14 days apply just so that we are very clear as to when things need to be triggered. I will just leave that there. Maybe the Minister can clarify when 3 months apply and when 14 days apply.If I go to new section 30C I look down and it talks about what is required in writing: the employee’s name the date and then a statement in respect of care for the child during the specified period and the period that entitles the negotiated caregiver to parental leave payments. I guess that calls to mind the question of what happens in a shared leave application. This part here I thought would actually talk about potentially the option to have shared leave. It may be somewhere else in the bill but it does not speak volumes in that part.I move to new section 30E and it talks about grounds for refusal and that is where in subsection (2) it specifies all the reasons why an employer can refuse the request for a caregiver to take leave. It is listed there: “(a) inability to reorganise work … (b) inability to recruit additional staff: (c) detrimental impact on quality: (d) detrimental impact on performance: (e) planned structural changes: (f) burden of additional costs: (g) detrimental effect on ability to meet customer demand.” I guess it goes to the point that my colleague Peeni Henare talked about and that is the resource to ensure that these points on which an employer can refuse an application for leave are actually monitored and monitored fairly so that an employer does not invent a reason to inhibit or decline a paid parental leave application. When I look at that the question is who would monitor that and who would ensure that an employee’s request for leave is treated in a fair way.When I go down to new section 30F it talks about the employee not being able to challenge once the employer has made their determination. Again as I stated at the start of my contribution it is ensuring that the workplaces are fair and accountable and that everyone is given a fair go. These clauses particularly throw up a whole lot of questions.