Sowry Roger: Questions for Oral Answer — Questions to Ministers 
Text is incorporated into the Bound Volume 
Sowry Roger: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 16 June 2004. Volume:618;Page:13634. Text is incorporated into the Bound Volume.] 
8.  
Hon ROGER SOWRY (National) 
 to the  
Minister of Labour 
: Will any amendments to the Holidays Act 2003 be introduced and passed before Labour weekend; if not why not? 
Hon PAUL SWAIN (Minister of Labour) 
: 
 Some issues have been raised with me about the implementation of the Holidays Act. Any clarification to the Act that may be required will need to be completed before Labour weekend. 
Hon Roger Sowry 
: Has the Minister seen any reports of companies that have encountered a huge increase in absenteeism on public holidays; if so why does he still now require further evidence? 
Hon PAUL SWAIN 
: I have certainly seen media reports of that. I have asked for further information to ensure that any amendments that may be required—and I am certain there will be some—get to the heart of the problem. 
Hon Mark Gosche 
: What is the Minister doing to see whether any changes are needed to the Holidays Act? 
Hon PAUL SWAIN 
: I will be convening a working group comprising Business New Zealand the Council of Trade Unions and employers from major industry sectors to look at any unintended consequences arising from the implementation of the Act. They will advise me on what clarification is required. 
Peter Brown 
: From the Minister’s answer can I take it that he is aware that some relatively highly-paid people are capitalising on the Holidays Act simply by exploiting the definitions “ordinary weekly pay” and “relevant daily pay”; if he is aware of that will this working group address that issue also? 
Hon PAUL SWAIN 
: Yes there are a couple of issues that have been brought to my attention. The first one is the issue of relevant daily pay and people potentially claiming time and a half on time and a half. The other issue is people who are rostered on for a public holiday potentially receiving time and a half and then calling in sick. This was not intended as part of the Act and one of the issues I am sure the working group will advise me on is the clarification that is needed here. 
Stephen Franks 
: Why did the Minister’s new law expressly prohibit employers from asking for a certificate to protect themselves against fraudulent sickies and how does he have the gall to insult employers by asking for more proof of exactly the frauds they predicted would happen when they are not allowed to ask for proof that the sickies were fraudulent in the first place? 
Hon PAUL SWAIN 
: It certainly was not my intention to insult anyone. What I was seeking was further information. The issue that the member raises about proof of sickness is one of the issues that I am sure the advisory group will advise on. 
Hon Roger Sowry 
: How can the Minister stand with a straight face and say that this is part of an unintended consequence when the select committee was told by officials that payment of time and a half on top of time and a half would be a consequence of passing the legislation and when the Labour Government voted for the legislation and for sickies to be able to be had with no requirement of proof of sickness? 
Hon PAUL SWAIN 
: The member will be aware that this is the first change to the Holidays Act in potentially 50 years and it is important that the principle of time and a half for public holidays be resolved. However it is fair to say that some clarification is needed and that is why we got the working group together. 
Hon Roger Sowry 
: Why does the Minister now say that he will listen to businesses in New Zealand who told him that this legislation was a mess when it was before the select committee and how does he reconcile his willingness to listen to them on this issue with his unwillingness to listen to them on the other employment changes he is pushing through at the moment? 
Hon PAUL SWAIN 
: The second aspect of the question is simply not true. There is a lot of effort going on not just through the meetings I am having but also as the member knows through the select committee where business people are raising issues about the Employment Relations Bill. As far as the first issue is concerned I have had a discussion with the Labour members on the select committee and they do not recall the potential impact of the time and a half issue and people deliberately taking the time off on sick pay. That was an unintended consequence and one of the things that may need to be addressed. 
Hon Roger Sowry 
: If the Minister is now so keen to talk to the Labour members of the select committee will he make himself available to the whole select committee and turn up to explain to all its members any changes he is proposing? 
Hon PAUL SWAIN 
: I am due to be at the select committee on Thursday and I am certain that this matter will not escape that member.