Fenton Darien: Employment Relations (Secret Ballot for Strikes) Amendment Bill — In Committee 
Fenton Darien: Employment Relations (Secret Ballot for Strikes) Amendment Bill — In Committee 
[Volume:675;Page:21117] 
DARIEN FENTON (Labour) 
: 
 Absolutely Mr Chair. Thank you very much for giving me an opportunity to talk about the title of the Employment Relations (Secret Ballot for Strikes) Amendment Bill. I want to go back over a couple of things particularly in relation to Tau Henare’s response and to the change in the title where the word “Workers’ ” has been removed. I make the point that the original title of the bill the Employment Relations (Workers’ Secret Ballot for Strikes) Amendment Bill was put forward by the member himself so I thought it was a bit ridiculous for him to come back and argue that it was removed and to say that we do not understand the Employment Relations Act. 
What is really interesting is that if the word “Workers’ ” had remained in the title it would have included a whole group of workers who are now excluded as employees. Just so members are not confused I say that I am referring to the recommendation from the Transport and Industrial Relations Committee that the word “Workers’ ” be removed because there is no reference in the Employment Relations Act to that word. A whole group of workers has now been excluded from the definition of “employee” under the Employment Relations Act. If the word “Workers’ ” had remained in the title of this bill they would be covered by it. Guess who I am talking about. Who am I talking about? I am talking about any person engaged in film production work as an actor voice-over actor stand-in body double stunt performer extra singer musician dancer or entertainer and any other person engaged in film production work. That whole group of workers employees or people had the right under the Employment Relations Act—until National decided that they should not have the right—to go to court to have the court determine that they could be employees under this Act. They were in fact workers. Because they are called workers and they are outside the Employment Relations Act they actually have no rights—no rights at all. 
It is quite perverse in a way when we think about it. This Employment Relations (Workers’ Secret Ballot for Strikes) Amendment Bill as it was called actually applies to employees. That is the point that the select committee made. The Employment Relations Act applies only to people in the employee-employer relationship. So it is an interesting question I think. Those workers in the film industry and video production industry have now been excluded from rights as employees—well I do not think they have the right to strike but there is an argument that the Trade Unions Act 1908 still applies. The Trade Unions Act 1908 actually applies to workers. They have the right to form a union and they have the right to strike and it cuts across the Companies Act the Commerce Act and other things. It says they are not allowed to collaborate because they would be committing some kind of conspiracy. 
I think it is a very very interesting title. I am still very interested in why the member in the chair said that “Workers’ ” came out because it does not apply when he put the word “Workers’ ” in the title in the first place. I have yet to hear from him why he did that and what he had in his mind. Did he have in his mind that a secret ballot for strikes should apply for all workers not just employees? There is a huge difference under law. Was he implying by removing the word that workers who are outside the employment relationship under the Employment Relations Act should have the right to strike? Was he implying that? Is that what he had in mind when he included the word “Workers’ ” in the title? I would be interested in his response to that because we have asked a question about that. I think it is a very interesting topic and I think it deserves a lot more exploring—if not tonight then we want to have other opportunities to talk about this. 
The fact is that we now have an Employment Relations Act that applies to employees only. Many many workers are now outside that relationship and they have absolutely no rights at all. It is something I am quite passionate about. 
Hon Steve Chadwick 
: I don’t think National’s thought about it. 
DARIEN FENTON 
: I am sure except that by taking employees who work in the film and video industry out of the Employment Relations Act National made them into workers and Tau Henare’s bill as it was originally titled would have included workers. I think it is a very interesting question. 
I would still like to hear from the member in the chair about why he put the word “Workers’ ” in the original title and whether he agrees with the change that the select committee has made. He is right in saying that the word “Workers’ ” does not appear in the Employment Relations Act—