Beaumont Carol: Employment Relations (Film Production Work) Amendment Bill — In Committee 
Beaumont Carol: Employment Relations (Film Production Work) Amendment Bill — In Committee 
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CAROL BEAUMONT (Labour) 
: 
 I rise again to speak on the amendment to create new clause 2A. I think it is a very good idea. Some might say that it is a little mickey mouse to have a provision that would see the Employment Relations (Film Production Work) Amendment Act expire so soon but I think it is very appropriate given the nature of this legislation. The legislation itself reflects the mickey mouse approach of this Government to dealing with this dispute. 
This dispute involved a particular set of circumstances around trying to improve conditions for the people who work in our film industry. It is not unreasonable for them to try to do that. We all wanted  
The Hobbit 
 to be filmed here but as others have said the real issues were well signalled. Those issues were things like the need for greater support for the film industry. Sir Peter Jackson signalled those issues much earlier this year; Gerry Brownlee and others could have done something about them at the time. As for the actual dispute the Minister of Labour was missing in action. Nothing was done to try to help work through the issues with the parties. Instead we end up with a mickey mouse solution which includes this mickey mouse law that we are dealing with today. It is entirely appropriate that Labour has put up an amendment that would see this law expire very very soon. 
Labour members are not the only ones who see this legislation as somewhat mickey mouse. I draw the Committee’s attention to the cartoon in today’s  
New Zealand Herald 
 “Emmerson’s View”. It is very appropriate. It shows the Prime Minister going on about Warner Bros playing tough but saying that luckily he was cut from the same cloth. He looked them in the eye stared them down and then gave them exactly what they wanted. Interestingly “Mr Mickey Mouse” our Prime Minister then says: “But they did say there’s a studio door in Burbank with my name on it …”. That is how one commentator sees our Prime Minister. 
Emmerson is not alone in seeing this as a mickey mouse solution. There are very interesting letters to the editor in today’s  
New Zealand Herald 
. My colleague Grant Robertson noted one and I will read out another: “So Warner Bros are now a consultant on our labour laws.” That is pretty mickey mouse is it not? “Next will McDonald’s be telling us to have all our police wear guns?”. People see that this is a mickey mouse solution. This Government is putting up mickey mouse legislation and for that reason the Committee should support our amendment to have the Act expire on the close of 8 November 2010. 
The legislation is mickey mouse because first it does not deal with the actual issue which was around independent contractors working together collectively to try to improve their conditions. This legislation deals with a matter that is already sorted in law—that is the status of independent contractors. I tell the Minister that there is settled law on the matter. What is wrong with the decision in the Bryson case? It is very clear. Have there been problems since 2005 when the decision was made on the Bryson case? Has the film industry suddenly experienced the problem of people becoming employees when they were independent contractors or becoming independent contractors when they were employees? I think not and that is not the nature of the dispute we have been dealing with recently. What problem is this legislation dealing with? This legislation is not dealing with the matter that needed to be dealt with—if there was one. 
It is worrying to this side of the Committee that this mickey mouse legislation has potential to be used in a way that will disadvantage others. 
Hon Steve Chadwick 
: It’s just the start. 
CAROL BEAUMONT 
: My colleague Steve Chadwick is absolutely right. It is just the start. This Government as we have seen tends to push through legislation that has pretty bad consequences and then extends the legislation. Members can just look at the 90-day trial period legislation. It was supposedly to cover small workplaces; now we see it pushed through to cover all workplaces. 
This legislation for the film industry is unnecessary and we are worried about some of the consequences. It covers not only those people who work as actors voice-over actors stand-ins body doubles stunt performers extras singers musicians dancers and entertainers but also any other person engaged in film production work in any other capacity such as cleaners clerical workers and so on.