Lees-Galloway Iain: Oral Questions — Questions to MinistersText is incorporated into the Bound VolumeLees-Galloway Iain: Oral Questions — Questions to Ministers[Sitting date: 29 April 2015. Volume:704;Page:3002. Text is incorporated into the Bound Volume.]11.IAIN LEES-GALLOWAY (Labour—Palmerston North)to the Minister for Workplace Relations and Safety: Does he stand by all his statements regarding workers employed by CNR Dalian Locomotive working in New Zealand?Hon MICHAEL WOODHOUSE (Minister for Workplace Relations and Safety):Yes.Iain Lees-Galloway: Will he clarify the law so that all people working in New Zealand have the same rights—for example the right to be paid at least the minimum wage and the right to be safe at work; if not why not?Hon MICHAEL WOODHOUSE: No because there is no—[Interruption] No because all people working who are subject to minimum employment standards in New Zealand are already well covered.Iain Lees-Galloway: I raise a point of order Mr Speaker. My question was whether he will ensure that all people working—Mr SPEAKER: No—[Interruption] Order! The member wants to go back now and study his question. The question was whether the Minister will clarify and change the law or words to that effect and the Minister straight away said no.Iain Lees-Galloway: Why did he compare the railway workers who have been working in New Zealand for at least 6 months with pilots and cabin crew who are here for only a matter of hours?Hon MICHAEL WOODHOUSE: I made the analogy with a pilot because the circumstances are similar. The workers at the hub workshops are employed offshore by a foreign company they are under employment agreements governed by Chinese law and they are in New Zealand only to carry out work under a warranty agreement with KiwiRail. The Ministry for Business Innovation and Employment concluded that it was unlikely that New Zealand employment law applied.Iain Lees-Galloway: Why did he state that he is “very happy with the circumstances under which the employees of CNR Dalian Locomotive were asked to do the work in New Zealand” given that the labour inspector was unable to determine whether the workers were receiving minimum wage annual leave or bereavement leave and could only guess as to whether they received sick leave and paid public holidays?Hon MICHAEL WOODHOUSE: The circumstances as described by the member in his question are absolutely incorrect. The Ministry for Business Innovation and Employment was able to establish that they did not work on public holidays they did not work when they were sick and they were receiving paid sick leave and paid holidays. The ministry did not find any evidence to support allegations that they were living in cramped conditions or allegations suggesting that they had limited access to food and when they were asked to provide wage records the workers themselves told the ministry to mind its own business. It is a private matter between them and their employers and they did not make the complaint.Sue Moroney: Has he informed the Minister of Immigration Michael Woodhouse of his view that these workers are not covered by New Zealand employment law and will he therefore recommend to the Minister of Immigration Michael Woodhouse that they should have their work visas revoked to protect New Zealand employment standards?Hon MICHAEL WOODHOUSE: I have been diligent in consulting my colleague the Minister of Immigration and he is very satisfied that the Chinese workers in this instance were on short-term visas and these were generally for no more than 3 months per year. As such their entry was tied to the terms of the original contract and warranty. I should note that those terms are actually covered by a free-trade agreement—a free-trade agreement that the previous Labour Government put in place.Iain Lees-Galloway: Why is it appropriate to ensure that workers on foreign fishing vessels working in the New Zealand zone do get entitlements of minimum wages and other minimum employment standards but workers in other situations do not?Hon MICHAEL WOODHOUSE: Workers employed by foreign charter vessels are in a very different situation from this. Foreign charter vessel workers are fishing in New Zealand - controlled—[Interruption]Mr SPEAKER: Order! [Interruption] Order! That level of interjection from a member asking a question is totally unsatisfactory. Would the Minister now complete his answer.Hon MICHAEL WOODHOUSE: Those workers are fishing in New Zealand - controlled waters for permit holders that are based in New Zealand. The Government has introduced reforms that should ensure compliance with both New Zealand employment and maritime laws. The Chinese workers on the other hand are in New Zealand temporarily on behalf of their Chinese employers to undertake warranty work.