Fenton Darien: Questions for Oral Answer — Questions to Ministers 
Fenton Darien: Questions for Oral Answer — Questions to Ministers 
[Volume:648;Page:16885] 
2.  
DARIEN FENTON (Labour) 
 to the  
Minister of Labour 
: What legislative changes is he promoting to protect vulnerable workers? 
Hon TREVOR MALLARD (Minister of Labour) 
: 
 Employment protections for casual workers are to be strengthened under proposed changes to the Employment Relations Act. Alongside amendments to ensure that shift workers can transfer public holidays and to ensure that workers have meal and rest breaks—in time to feed children where appropriate—guidance will be provided to assist employers to understand and comply with obligations to casual and temporary workers. Casual working relationships tend to be subject to change over time so the status of these vulnerable workers is not always obvious. I think it is also important to place on the record of the House the contribution of both Peter Brown from New Zealand First and Darien Fenton for their work in this area. 
Darien Fenton 
: How do these enhancements compare with other approaches to employment relations? 
Hon TREVOR MALLARD 
: They compare very well. I have seen reports of a party that would make 4 weeks’ annual leave negotiable again tests of reasonableness would be repealed for dismissal of employees provisions protecting employees against oppressive fixed-term contracts would be repealed and people would be allowed to be sacked in their first 90 days of work if they complain of sexual harassment. And there have been various flip-flops on the question of whether National would keep the KiwiSaver contribution from employers—and I thank Kate Wilkinson for her honesty on that question. 
Sue Kedgley 
: Can the Minister confirm that because of my flexible working arrangements legislation a new employment right will come into effect next Tuesday 1 July that will mean that all employees with dependants will have the right to request flexible working hours so they can if they wish try to better juggle paid work and family responsibilities? 
Hon TREVOR MALLARD 
: Not only can I confirm that but I can confirm that the anti-worker party opposite voted against it. 
Peter Brown 
: Will the Minister confirm the query in the principal question that the legislation is not to remove the category of casual employee but rather to ensure that so-called casual employees who have worked regularly on pretty much a permanent basis are recognised and get a degree of fairness and official commitment from their employer? 
Hon TREVOR MALLARD 
: The member is exactly right. There are a lot of people who are described as casual workers but who are actually permanent workers sometimes permanent part-time workers. There are examples of employers who have so-called casuals on long-term rosters. Very predictable employment like that cannot possibly be casual according to the test that has been applied by the courts. The problem at the moment is that someone has to go to court or the Employment Relations Authority to get a ruling. That is expensive and takes time. Having the labour inspectors able to make a determination in this area is a cheap simple way of ensuring that workers are paid properly. 
Peter Brown 
: Noting that answer does the Minister agree with New Zealand First that any fair-minded employer will have little or nothing to fear from this proposed legislation? 
Hon TREVOR MALLARD 
: I absolutely agree with the member. I think it is sad that for example Business New Zealand which normally has a rational approach to these matters and can understand and take the position of the fair and reasonable employer in this case has got it very badly wrong and has decided to line up with the anti-family anti-worker party opposite. 
Paula Bennett 
: In light of the Minister’s concern about temporary and casual workers I seek to table the answers to written questions showing that his own department employs 143 casual workers. 
Madam SPEAKER 
: Leave is sought to table that document. Is there any objection? There is objection.