Fenton Darien: Questions for Oral Answer — Questions to Ministers 
Fenton Darien: Questions for Oral Answer — Questions to Ministers 
[Volume:665;Page:13300] 
9. 
DARIEN FENTON (Labour) 
 to the  
Minister of Labour 
: When she said that the 90-day scheme “is voluntary” and “is not compulsory” did she mean that an employer could not make a 90-day trial a compulsory condition of employment? 
Hon KATE WILKINSON (Minister of Labour) 
: 
 A 90-day trial can be entered into only if an employee agrees to it in writing. By definition an agreement is not compulsory. If employers wish to take someone on using a trial period then they must advise the prospective employee of that. Just like other aspects of an employment agreement such as salary and hours of work this aspect is open to negotiation. At the end of the day the employers decide who they wish to hire and on what basis. I encourage all employers and employees to avail themselves of this fantastic and successful policy. 
Darien Fenton 
: Is she saying that the only part of the 90-day trial period that is truly voluntary for employees is whether they accept the job? 
Hon KATE WILKINSON 
: No. 
Darien Fenton 
: Is this scheme voluntary only for employers considering that they can choose whether to make it a condition of employment and considering that the prospective employee in reality has no choice other than to decline the job? 
Hon KATE WILKINSON 
: No I do not accept that member’s assertion. It is really no different to the situation of an employer’s advertisement requiring or insisting that a job is done on a Saturday. If employees do not want to work on a Saturday they should not apply for that job. If employees do not want to take the opportunity to use the trial period to have a go then they do not have to take a job with a trial period. 
David Garrett 
: How many people have come forward as part of the Council of Trade Union’s roll of shame campaign and how many of these are members of the Labour Party? 
Mr SPEAKER 
: I could not hear David Garrett’s question at all. This time it was the Labour front-benchers making all the noise. It is not good enough though I must admit it was not the Hon Annette King on this occasion. It was not fair reasonable or courteous to the House. Would David Garrett please repeat his question. 
David Garrett 
: How many people have come forward as part of the Council of Trade Union’s roll of shame campaign and how many of these are members of the Labour Party? 
Mr SPEAKER 
: I do not know what ministerial responsibility the Minister has for that matter at all. I invite the member to rephrase his question to try to ask a question about a matter for which the Minister is responsible. [ 
Interruption 
] There will be no more interjection. I paid the Hon Trevor Mallard a compliment earlier in question time today. It may be that I was mistaken. 
David Garrett 
: Has the Minister seen any reports regarding the contents of the roll of shame and the political affiliation of the persons on it? 
Hon KATE WILKINSON 
: I have looked at some blog sites but I am advised to the best of my knowledge that in the last 18 months a total of two people have come forward as part of that campaign and that at least one of those two people is a member of the Labour Party. 
Darien Fenton 
: If a prospective employee does not want to sign up to a 90-day trial period but the employer has said it is a condition of employment what options and rights does that prospective employee have? 
Hon KATE WILKINSON 
: They have the same rights as anybody else. If they want the job they can apply for it or they can discuss it with the prospective employer and negotiate what terms suit both parties. 
David Garrett 
: What reports has she seen about union support for grievance-free trial periods? 
Hon KATE WILKINSON 
: I have seen a report by the Australian Council of Trade Unions that supports a 3-month—that is 90-day—grievance-free period in its submission to the Senate on the recent fair work legislation. I look forward to New Zealand unions taking a similarly reasonable approach. 
Darien Fenton 
: To the Minister— 
Mr SPEAKER 
: I apologise to Darien Fenton on this occasion. I say to the National Party benches that I could not hear Darien Fenton at all. The level of interjection is unreasonable. 
Darien Fenton 
: If she is now confirming that an employer is entitled to advertise a job with a 90-day trial as a condition of employment and that the only way an employee can avoid the trial is to not accept the job was it not somewhat misleading for her and the Prime Minister to continually tell Kiwis when this scheme was introduced that it would be totally voluntary for employees? 
Hon KATE WILKINSON 
: The member is making some rather odd assumptions. The scheme is voluntary for employees and it is actually working very well. Employees are taking advantage of it and they are getting the opportunity to get their foot in the door. It is win-win. 
Hon Darren Hughes 
: I seek leave to table a document from the Parliamentary Library outlining examples of workers who have been exploited under this scheme. I note that the first example is a woman by the name of Heather. 
Mr SPEAKER 
: The member should not have done that last bit; he had already identified the document. Leave is sought to table that document. Is there any objection? There is no objection. 
Document by leave laid on the Table of the House.