Mapp Wayne: Questions for Oral Answer — Questions to Ministers 
Mapp Wayne: Questions for Oral Answer — Questions to Ministers 
[Volume:619;Page:15161] 
9.  
Dr WAYNE MAPP (National—North Shore) 
 to the  
Minister of Labour 
: Does he plan to introduce changes to the Employment Relations Law Reform Bill to allow unions to have fees levied from the wages of non-union members; if so what are the details of those changes? 
Hon PAUL SWAIN (Minister of Labour) 
: 
 The bill is presently being considered by a select committee. I understand that some submitters have raised the issues described by the member. One option I have considered is an arrangement whereby a non-union employee may pay a fee to receive the benefit of collectively negotiated wages and conditions. However this would occur only where the employer and union have freely agreed on such an arrangement where there is a ballot of all employees and where there is a right for a non-union member who did not want to pay a fee to opt out of the arrangement. The Government has no intention of reintroducing compulsory unionism in any shape or form. 
Dr Wayne Mapp 
: If it is his intent not to have compulsory unionism why will he not support a bargaining fee being able to be paid to any independent third party and not just unions with their collective bargaining monopoly? 
Hon PAUL SWAIN 
: Because that undermines the principle of the Employment Relations Act which allows unions the ability to negotiate collective agreements. However it is important to say that if this measure is to be considered—and I understand that this is one of the options that may be considered by the select committee—the right of an individual to opt out has to be maintained. There is no intention of going back to some form of compulsory unionism. 
Helen Duncan 
: What other employment relations changes is the Government planning? 
Mr SPEAKER 
: Briefly. 
Hon PAUL SWAIN 
: Today the Government announced its decisions concerning the unintended consequences of the Holidays Act. Some of those changes also imply no penal rates for public holidays on top of existing penal rates or no public holiday rates if an employee does not work that day. This is about balance—that is giving employees a little extra for working on a public holiday and ensuring it is fair to employers. 
Keith Locke 
: Does the Minister agree that the proposal he outlined a couple of questions ago on bargaining fees represents fairness in the workforce and is in line with the proposal previously proposed by the Green Party that those who benefit from the results of a negotiated collective bargaining agreement should pay something towards that and not be freeloaders just because they are not union members? 
Hon PAUL SWAIN 
: Yes it is about fairness. I know that a number of people consider that if people were to benefit for example from the advantage of a collective agreement and not pay anything for that that would be like not paying tax but expecting to get free medical care. I do understand that there is a lot of concern about that. However if such an arrangement were introduced it is important that the individual who does not agree with such an arrangement has the right to opt out. We are not going back to compulsory unionism. 
Dr Wayne Mapp 
: Why does the Minister believe that only unions should be able to negotiate collective contracts and why will he not restore equality to the workplace and allow anyone who wants to to be able to act as agents in collective contracts? 
Hon PAUL SWAIN 
: Primarily because that is against one of the objectives of the Act. As I said before one of the things that this Labour-led Government reintroduced was the ability for unions to negotiate collective contracts. That is the policy and that is the law. 
Dr Wayne Mapp 
: In light of the fact that the Government’s policy is to allow only unions to have bargaining powers why cannot the Government see the merits of equality and allow workers to freely choose their bargaining agent as they wish? What is wrong with that? 
Hon PAUL SWAIN 
: It is simply not so to say that only unions have the right to negotiate some sort of agreement between employer and union. Individuals have a right to do that—it is called an individual employment contract.