Stewart Barbara: Employment Relations Amendment Bill — Second ReadingText is incorporated into the Bound VolumeStewart Barbara: Employment Relations Amendment Bill — Second Reading[Sitting date: 19 March 2014. Volume:697;Page:16811. Text is incorporated into the Bound Volume.]BARBARA STEWART (NZ First):I rise on behalf of New Zealand First to speak on the Employment Relations Amendment Bill. On this side of the House we had hoped that because the bill had been sitting on the Order Paper for quite some time the Government would just let it sit there just like it has let so many others fade into the background. This bill affects thousands and thousands of workers negatively right across New Zealand. There are too many changes that basically affect workers’ rights.It is not a popular bill. In fact there was no call by employers or employees for any changes to the current situation. So why we have this bill is quite a mystery. We know that by far the biggest number of submissions—and we received over 13000 of them—were opposed to this bill. We heard some heart-rending stories and again those people were opposed to the bill. It is not a popular bill.With this Government it is unfortunate that we have seen numerous pieces of legislation slowly but surely pursuing an anti-worker agenda. We in New Zealand First believe that this bill will negatively undermine wage-fixing principles under New Zealand law and create conflict between employees and employers. We must tell the National Government that there is a very fine balance between on the one hand assuring and affirming the rights of the workers and on the other hand allowing enough worker flexibility so as to not hinder any business’s production profitability and productivity which we firmly believe in. New Zealand First definitely understands that and we believe too that the New Zealand public largely recognise that. There is always a trade-off. There is a balance between the two extremes. Kiwi owners and Kiwi workers and business owners know that. They are all more or less in the centre. They are very aware that to go to either end of the spectrum is to invite the prospects of worker strikes or businesses failing.In New Zealand First we believe that employers need flexible dedicated staff and that employees need appropriate conditions and remuneration. Safety of workers is absolutely paramount—we have had bills in the House on this particular issue—and of course scheduled breaks assist with that. This bill unfortunately changes the existing rule for employees’ entitlements for rest and meal breaks. Saying that these should be more flexible and negotiable and should be able to be paid out to workers is going to have a negative effect on safety and workers’ output.The removal of the 30-day rule will seriously undermine collective bargaining. Employers will now be able to offer different terms and conditions to new employees despite agreements reached with unions for that to not happen. The bill is going to remove the protection new employees have had from being taken on at lower pay rates or on inferior terms and conditions. The employment relationship is not a level playing field. We have already seen numerous businesses and organisations come out against this particular legislation. They want to protect their brands by protecting the rights of their workers against the unnecessary legislation that this Government is proposing. Employment relations must be collaborative.The duty to conclude collective bargaining has actually been removed from this particular bill. Working to rule can actually be considered a partial strike. There is a fine balance between assuring and affirming the rights of workers and allowing sufficient flexibility so as to not hinder production or productivity. This bill before the House today is basically a kick in the head for hard-working New Zealanders but there is a bit more to it than that. It is seeking to apply a set of rules for which there is already a great deal of flexibility and it really goes to show just how out of touch this bill is with the reality of the workplace and with owners of small to medium sized businesses up and down the country.The bottom line is that small-business owners have understandings with employees. Café owners retailers electricians—they all expect that their workers will go the extra mile when they are faced with a deadline and staff by and large are obliging. They need to work. They know how hard it is to actually find a job in today’s environment. Unfortunately this bill is not about bettering business. It is definitely not. Once again this Government is attempting to pass legislation for a small problem that does not exist in reality. Once again it has misunderstood working relationships in small businesses and companies and once again it is pursuing an anti-worker agenda when most businesses seem content with the status quo.For these reasons New Zealand First is pleased to be voting against this bill.