Blue Jackie: Employment Relations Amendment Bill (No 2) — Second Reading 
Blue Jackie: Employment Relations Amendment Bill (No 2) — Second Reading 
[Volume:668;Page:15280] 
Dr JACKIE BLUE (National) 
: 
 I am pleased to speak on the second reading of the Employment Relations Amendment Bill (No 2). It is an excellent bill; I congratulate the Minister of Labour. 
This bill provides flexibility and greater choice and ensures a balance of fairness for both employers and employees. It amends the Employment Relations Act 2000 to make changes in a number of areas which include union access to workplaces communications with employees during collective bargaining personal grievances employment institutions and the labour inspectors’ role and enforcement powers. 
I reinforce that the changes made to this bill are both pragmatic and practical for the issues currently facing employers and employees. The bill will result in a reduction in compliance costs give businesses more confidence to grow and take on new staff help resolve workplace disputes faster and provide choices for employees and employers. 
I will talk a little about union access to workplaces. The rules for union access will be changing so that any access will require the consent of the employer. Importantly consent cannot be unreasonably withheld. The Employers and Manufacturers Association (Northern) whose members employ over 300000 people supported these changes. Its members said that the current law is problematic that when union access problems arise they are serious and there is no practical recourse for the employer. They said the current recourse for a breach of good faith in the Employment Relations Authority occurred so long after the incident happened that it was of little use. They certainly supported this aspect of the bill. 
The bill also clarifies that an employer may communicate directly with employees while bargaining for a collective employment agreement is under way provided that the communications are consistent with the duty of good faith. 
I will also speak about the extension of the 90-day trial period to all businesses in respect of the economic climate that has prevailed. The Government is working hard to lift the long-term performance of the economy create more jobs raise living standards and deliver world-class public services for Kiwi families. New jobs will not be created unless a business has the confidence that it can expand and diversify. The 90-day trial period has encouraged employers to take on new staff and to give people who do not have a work record—such as students migrants and women returning to the workforce—a chance to enter the workforce. 
The extension of the 90-day trial period to all businesses is in fact very moderate as the Minister has outlined in her speech. Almost every other country in the OECD has a trial period for new employees. In many countries the trial period is much longer than our 90-day trial period; it can be up to 12 months in some cases. This provision is all about giving businesses the increased confidence to hire new employees and giving many more people a chance to enter the job market. 
The Hospitality Association of New Zealand told the Transport and Industrial Relations Committee that the hospitality industry is a first employer of many young workers and that first employment often brings with it the most risk and uncertainty for an employer. The association considered that the bill will introduce a useful measure of certainty and consolidate that employment relationship to make it work. 
In a survey that was done about the 90-day trial period 40 percent of employers who hired someone on the trial period said it was unlikely that they would have taken on a new employee without that trial period. The vast majority of people employed under the trial period—74 percent in fact—have remained employed. This is extremely positive. It is hardly the fire-at-will situation that members opposite accuse the 90-day trial period of being. 
This bill is positive for employers and employees. It is a win-win and I commend it to the House.