Sowry Roger: Questions for Oral Answer — Questions to Ministers Questions to Members 
Sowry Roger: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:615;Page:11427] 
6.  
Hon ROGER SOWRY (National) 
 to the  
Minister of Labour 
: Will he be reviewing the Employment Relations Law Reform Bill; if not why not? 
Hon PAUL SWAIN (Minister of Labour) 
: 
 The bill is currently before the Transport and Industrial Relations Committee and I await its deliberations with interest. 
Hon Roger Sowry 
: Is the Minister personally satisfied with the bill as it is currently presented; if not what areas will he be asking his officials to do further work on? 
Hon PAUL SWAIN 
: As the member will know bills that go to select committees often come out with changes as a result of recommendations from the select committee. I am currently in the process of discussing the concerns with both employer and union groups and that should be happening over the next couple of weeks. I will be trying to get to the bottom of what the major concerns are and report accordingly. 
Peter Brown 
: Is the Minister aware that both employers and employees have concerns with this bill—for example employers are concerned that it will lead to multi-employer contracts and some employees are concerned that they cannot get a collective without joining or forming a union and with such concerns does he not think it appropriate that he does review the bill? 
Hon PAUL SWAIN 
: Yes I am aware that there are concerns on both sides about the nature of the bill. I presume those matters will be raised in the select committee as part of its deliberations. 
Sue Bradford 
: Can the Minister assure the House that he and his Government will maintain their commitment to keep clauses in the bill dealing with the protection of vulnerable workers and not succumb to pressure from employers to back down—as the Government did in 2000? 
Hon PAUL SWAIN 
: It is highly appropriate to say that this is the matter before the select committee. It is the select committee’s decision to look at recommendations from the proposals and from the submitters and we will get recommendations back in due course. 
Dr Muriel Newman 
: Does the Minister agree that a successful contractor should be required by law to take over the workers of an unsuccessful contractor on their existing terms and conditions; if so why? 
Hon PAUL SWAIN 
: That is certainly the policy that has gone into the legislation. I understand that some employers are concerned about that. This is a matter that the select committee will look at. 
Paul Adams 
: Will the Minister review the Employment Relations Law Reform Bill following an article in the  
Dominion Post 
 in October last year that reported that he along with Minister Anderton and Minister Tamihere told Cabinet that he was unhappy with the transfer of undertakings clause; if not why not? 
Hon PAUL SWAIN 
: I often do not believe everything that is quoted in newspapers. This matter is before the select committee and I expect it to come back with recommendations in due course. 
Hon Roger Sowry 
: Will the Minister do anything while the bill is in the select committee to address the concerns of employers who have publicly stated their strong opposition to the bill; if so what specifically will he do? 
Hon PAUL SWAIN 
: I will be meeting with large groups of employers. 
Hon Ken Shirley 
: Will the Minister answer the question that Muriel Newman put to him and say what he believes should happen with regard to the clause relating to contractors who take over a failed contract having to meet the conditions that prevailed with the failed contractor—given that he was a member of the Cabinet that put that clause in the bill that is before the select committee? 
Hon PAUL SWAIN 
: As I said to Muriel Newman that is the Government policy that went from Cabinet but I understand that this is a matter of some concern. I also understand that employers will raise it when they come to meet me just as unions will raise other matters in the bill that they are not happy about. 
Hon Roger Sowry 
: Why should employers believe that this time the Minister will behave differently in respect of this bill and act on their concerns when he failed to act on their concerns over the Land Transport Management Bill even though he told them that he personally supported their stand? 
Hon PAUL SWAIN 
: I reject the first part of the member’s question. A lot of discussions went on particularly around issues like efficiency in the Land Transport Management Bill that actually appeared. My job now is to talk to the various groups concerned without cutting across the views that will be expressed in the select committee. Recommendations will come back from that committee in due course.