Tisch Lindsay: Holidays Bill — Instruction to CommitteeCWH In Committee 
Tisch Lindsay: Holidays Bill — Instruction to CommitteeCWH In Committee 
[Volume:614;Page:10550] 
LINDSAY TISCH (National—Piako) 
: 
 I want to continue along the same lines of my earlier speech relating to clause 72. As I mentioned at the time this clause gives powers to the labour inspector that— 
Hon Member 
: That would be a good job for the member. 
LINDSAY TISCH 
: I would not want to be a labour inspector. I have better things to do. I do not want that sort of job. I want a real job—a job that adds value and productivity—not a job as a Government stooge which is what that member is suggesting. I have better things to do with my time. 
I want to point out exactly what these labour inspectors will do because they have immense powers—huge powers. Clause 72 identifies some subclauses that I want to go back to. In the debate on Part 1 I mentioned clause 8A(2) which states what powers a labour inspector has. He or she can determine the amount of an employee’s ordinary weekly pay or relevant daily pay as the case may be. That is an immense power given to labour inspectors under that clause. 
The provision I now want to bring to the Committee’s attention is one that has not been mentioned in the debate—clause 8C(2): “A Labour Inspector may determine whether the day would otherwise be a working-day for the employee.” Under that clause it is not the employer—the person who pays the wages pays the salaries and carries the can—who determines whether an employee is to work on that day and whether it is a working-day; it is the labour inspector who will determine whether the day would otherwise be a working-day for the employee. It is a complete and utter nonsense that a third party will determine the working-day. Not only that the inspector will also be in a position to determine the ordinary weekly pay or the relevant daily pay. 
National is opposing that sort of absolute nonsense prescribed in this bill because it adds absolutely no value or credibility to the workplace. The people who will be affected by it are the employees. The employees are the losers with this sort of nonsense because employers will say they will not be part of it. They will retrench sell out downsize and contract work out because the paperwork and the way that labour inspectors will be able to walk in and determine the daily pay rate are an absolute nonsense in the real world. But of course this Government would not know what the real world is because it has never been part of it. Its members have never been involved in that area. 
I also want to draw the Committee’s attention to the penalties regime under clause 68 which has been mentioned before by other members. The huge compliance associated with this clause—because the bill is so full of prescriptive detail—will be difficult to comply with. Many small-business employers will not understand the complexities of all the issues prescribed in the bill so they will be prime targets in terms of being hit with the fees that come under clause 68. Subclause (1) states that if an employer is an individual he or she is liable to a penalty not exceeding $5000—if the paperwork is not done if the book for leave provision for sick leave bereavement leave or whatever is not kept. Is not that just great for individuals sole traders or people working on their own working their hearts out to make ends meet and make a dollar so they can grow their business and employ somebody when at the end of the day if they get it wrong or make a mistake they are in for a fine of $5000. Then if the employer happens to be a company—and most will be companies because in the marketplace at the moment small businesses are forming companies to get around the obnoxious 39 percent tax rate— 
Hon Lianne Dalziel 
: Ha ha! 
LINDSAY TISCH 
: The member over there laughs but her party would not know what actually makes business work. If a company is formed the tax rate is 33 percent—and this clause states that that company would be fined $10000 if it fails to comply.