Beaumont Carol: Employment Relations Amendment Bill — In Committee Recommittal Third Reading 
Beaumont Carol: Employment Relations Amendment Bill — In Committee Recommittal Third Reading 
[Volume:651;Page:453] 
CAROL BEAUMONT (Labour) 
: 
 I had intended last night to ask the Minister of Labour Kate Wilkinson about an important question but she must have been reading my mind because she answered it this morning in the  
Dominion Post 
. She said the Government was open to the possibility of extending the provisions of this bill to other workplaces other than small and medium-sized enterprises. She said: “At this stage we are focusing on the small and medium-sized enterprises because they are struggling with compliance. Like anything we’ll see how it works out and we are always open to ideas.” I want to make sure that people—especially the workers of this country—understand that they need to be very worried about this as the Minister signals the extension of this provision that will remove rights for all New Zealand workers. I think the Minister needs to wonder about the way workers will react to this news. We will certainly be making sure that we can provide her with the answer. 
The Government’s arguments in favour of this bill have been that small businesses need this sort of provision. In the area of labour rights clearly compliance with legislation is not a key factor. Unlike other provisions such as taxation where small businesses are expected to get on top of the issues and comply in this area perhaps it is OK not to comply and it is too difficult. Much has been made of the recommendations of the Small Business Advisory Group. I will refer to its most recent report because the Minister spoke to us last night about the 2003-04 report. I had been an advisor to that group so I was present for the discussion on the 2008 report. A specific recommendation of that report was: “That information on good practice in employment relationships tailored to small business owners and managers preferably endorsed by employer organisations be made more readily available and be better promoted. This should include easier access to educational material and to support mechanisms (for example free access to knowledgeable people who can provide practical and balanced advice to employers or employees on handling employment disputes).” This was an attempt by the Small Business Advisory Group to get past just calling for the removal of rights so as to look at a more responsible approach to getting on top of their employment relationship responsibilities. 
The other reason the Government appears to be giving in favour of this legislation is that some workers may be more likely to be given a chance if they have their rights at work removed. I note that removing unfair dismissal rights for all workers was not signalled by the Government before the election so I think that the comments this morning will cause some concern. Likewise will the comments about choice that have been made by those on the other side of the Chamber that this will be a choice—people can choose at the start of the employment relationship. I want to know why the Minister is disregarding the advice of the Human Rights Commission which notes its concern that the proposed legislation could impact negatively on school-leavers seeking their first job and on other vulnerable and disadvantaged groups. The commission recognises that at the point of employment many people will not have the knowledge or the confidence to make a fair choice on this matter. I would like to know the Minister’s view on that. 
I am aware from my many years of experience in the union movement that “take it or leave it” propositions are quite common. Again I would like to know whether the Minister is aware of that or perhaps that is something that has never been raised with her by anybody. Especially in times of high unemployment the bargaining power of workers is reduced. In fact the Employment Relations Act to which this bill is an amendment specifically in the objects of the Act recognises the inequality of bargaining power between workers and employers. It is a specific provision of this Act. In the real world we know that that is the case. We are amending an Act that in its objects specifically recognises the inequality of bargaining power. The Employment Relations Act also talks about building mutual trust and confidence and good faith in the workplace in order to develop productive employment relationships. That is certainly very important. I imagine that members on both sides of the Chamber recognise we need to lift productivity in this country.