Horomia Parekura: Employment Relations Amendment Bill — Second Reading In Committee 
Horomia Parekura: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:416] 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
: 
 We are in the second day of urgency debating one of the most outrageous attacks on the working class of this country. It is one of the worst instances of a Government not caring not sharing and prattling on about cruel unfair un-discussed legislation. I want to pick up a few bits. 
Maori and Pacific Island people will be hugely affected. I mihi to Hone Harawira after getting into his ears yesterday; I recognise that even though he did not have the full sanction of his party he had the gumption to vote against this measure. That is an interesting partnership between an employer and supposed employees and we have been only 2 days in urgency! I do not think it is going to last. 
You know there are some very very pointed statements in the explanatory note of this legislation. My colleague Clayton Cosgrove pointed out the adequacy statement and I want to repeat it: “It has not been possible for the Regulatory Impact Analysis Team to undertake an assessment of the adequacy of the Regulatory Impact Analysis and the Regulatory Impact Statement for this proposal within the time frames.” That is what the yellow-jacket-wearing perk-buster let slip past him. The partners involved with the Government—supposedly a coalition Government—do not know where they are going and do not know why this bill is coming in but the rest of the nation which is complaining bitterly tonight can see that it is a jack-up. 
Why do I say it is a jack-up? The explanatory notes states: “The introduction of such a trial period would encourage more businesses especially small businesses that can find it difficult to absorb such costs”—and that is understandable—“to take a risk on potential employees.” The Government is assuming that every employee who is taken on is a risk. What sort of mindset is that? 
The bar is set at businesses with 20 employees and under. Have all those employees been a risk to take on? I ask the Minister in the chair Kate Wilkinson how she came to decide that the bar should be set at 20 employees. Some of us who have had businesses and who have had employees know that there has to be more than good faith; there has to be an understanding of the rights that are fundamental to this great nation which was built by the workforce. The arrogance of the Government that has pervaded this discussion is unbelievable. 
The explanatory note states under the heading “Objectives”: “In considering changes to the ERA the key objectives are that the changes—should not create undue compliance …”. The explanatory notes also states that a trial period “will lessen compliance for instance where small business employers may face claims on grounds of unjustified dismissal:”. An assumption has been made by whoever has decided to introduce this cranky legislation—the Minister in charge of it—that every dismissal is justified. Is that why this legislation is here? 
In relation to the impact of it the explanatory notes states that the bill “will allow trial periods only by mutual agreement”. I can just imagine little Gerry 18 years old lining up at the gate of a business and the employer saying: “Hello little Gerry. Come into my business. I am going to employ you for 90 days or I might bop you out after 80 days. By the way Gerry we have to have a mutual agreement—you have to agree with me.” Gerry is standing there at the gate and he wants the job so he says “Yes bwana I’ll come in the gate.” What sort of mutual agreement is that? Of course the job applicants are going to agree with the employer. Right from the outset the poor old worker is more than penalised. 
Members opposite have huffed and puffed about rights today but they have really damaged 73 percent of the workers in the Maori electorates around this country—in the regions. Those people will get nothing out of the tax cuts. This bill is worse still; they will never get job surety or an opportunity to pay tax. What a great Christmas present! I can just imagine Gerry who looks like he could be Santa Claus roaming around with his bag and dishing out nothing.