Locke Keith: Questions for Oral Answer — Questions to Ministers 
Locke Keith: Questions for Oral Answer — Questions to Ministers 
[Volume:665;Page:13297] 
6. 
KEITH LOCKE (Green) 
 to the  
Minister of Labour 
: Why is the Government introducing legislation to restrict union access to workplaces when the Department of Labour advises that there is no “widespread evidence” of union representatives misusing the current system? 
Hon KATE WILKINSON (Minister of Labour) 
: 
 As I have said previously I agree that union representatives do not widely abuse the current system. However where abuse does occur it can cause significant disruption and badly impact workplace productivity. I do not agree that this change will restrict union access at all. Employers cannot unreasonably withhold access so the rights of unions and union members remain protected. 
Keith Locke 
: How can the Minister say the problems she refers to are big enough to require legislation when her own Department of Labour in the policy options paper said: “There does not appear to be widespread evidence of union representatives exercising their current rights to enter workplaces in an inappropriate way resulting in disruption for business operations or adversely impacting on the employment relationship between employer and union members.”? 
Hon KATE WILKINSON 
: Very very easily. But the same policy paper also said: “Providing discretion could enable employers to undertake better business planning. For example avoiding any unforeseen stoppages and potentially rescheduling activities around employee availability.” The reality is that this is not a widespread problem but that where abuse occurs it can cause significant disruption. 
Keith Locke 
: Why is she departing from the existing legislation which does cover over the problems she has just referred to when the wording in the Employment Relations Act specifies that union access is restricted to reasonable times and reasonable ways having regard to normal business operations and complying with existing health and safety requirements and security procedures; surely that is enough? 
Hon KATE WILKINSON 
: This is a small change which merely clarifies an area where there has been some uncertainty. 
Keith Locke 
: Does she agree with the Department of Labour in its policy options paper that current arrangements provide an appropriate balance of fairness to employers employees and unions; if not why not? 
Hon KATE WILKINSON 
: The change that we are making to the Employment Relations Act in relation to union access is fair and reasonable and is pragmatic. It is a small change which will remove some uncertainty. Uncertain law is good for neither employers nor employees. 
Keith Locke 
: How is it pragmatic and why will giving employers up to 2 days to respond to a union request to go on site not seriously frustrate the work of union officials and the workers whom they are representing? 
Hon KATE WILKINSON 
: I suggest to the member that if he has an issue with 2 days and if he thinks that the period is either too long or too short he can make submissions during the select committee’s scrutiny of the legislation. 
Keith Locke 
: I thank the Minister for that small concession but what advice would she give in that respect to a worker who needs support from a union representative to resolve an urgent workplace problem like bullying or sexual harassment only to see the union locked in a long-drawn-out battle with the employer for union access? 
Hon KATE WILKINSON 
: The employment regime is based on being fair and reasonable. We have put in a protection so that employers cannot unreasonably withhold access to unions. That is an objective test not a subjective test. 
Keith Locke 
: What guarantees can she provide that her legislation will not be used by employers with a strong anti-union bias to deny union access to the workplace such as happened in 2004 when the Exclusive Brethren denied the Engineering Printing and Manufacturing Union access to represent migrant workers under a loophole then in the Employment Relations Act which was later closed? 
Hon KATE WILKINSON 
: If the member reads the legislation he will see that we are very mindful of any abuses of the employment system. That is why we have doubled the penalties for employers.