Belich Camilla; van Velden BrookeCAMILLA BELICH (Labour): Thank you Mr Chair. I'm grateful to have a call the first call in Part 2 of the debate. I have an amendment that I want to speak to first in relation to this particular part and I think that the amendment that I've tabled corrects a mistake in the drafting of this bill. I'd like to direct the Minister for Workplace Relations and Safety to Schedule 2 Part 1 in relation to the consequential amendments. This consequential amendment looks at the Employment Relations Act 2000 and replaces section 132(2) with a new section entirely as part of the consequential amendments. Unfortunately when this was reproduced a few words were omitted meaning that in my view—and I'm happy to hear an alternative view from the Minister—the Employment Relations Act in fact is amended by this Part 2 of the repeal bill and unfortunately results in the words including overtime payment rates and penalty rate payments" being removed from the Employment Relations Act 2000.Employment Relations Act 2000 in employment law is obviously the primary piece of legislation that people look to in order to determine what goes in employment relations and in unemployment law and so I think—and I'm sure the Minister would agree—that changing this particular Act during urgency with no select committee process removing the specific reference to the type of evidence that could be included in the Employment Relations Authority and specifically losing the reference to overtime payments and penalty rates shouldn't be included in this bill. There shouldn't be amendments to a primary piece of legislation like the Employment Relations Act 2000 which are substantive and not related to the fair pay agreements repeal.I did look through all of the other consequential amendments; I couldn't find another one that appeared to delete words from a primary piece of legislation. But I was concerned to see this and so that's why I put an amendment in my name in the committee in order to correct that. As much as I don't want to see this piece of legislation improved as I'm fundamentally opposed to it I also don't want to see New Zealand workers lose out in relation to the specificity of including overtime payment rates and penalty rates. I'm happy to be corrected if the Minister receives advice that that is incorrect but from my reading of it it appears to me that in relation to the type of evidence that the authority may get these are not included.Now it may be able to be argued that penalty rate payments are no longer a part of most people's agreements and I would agree with that. In some instances however there may be older employment agreements which were in place that may reference penalty rates and so I think that without scrutiny without a proper process it would be wrong to just discard the reference to penalty payments especially in a completely different piece of legislation.Overtime rates however are fundamentally important and are included in many different individual and collective employment agreements and so removal of those as I understand is specified in this repeal Act would not be something that the Minister should be doing—especially as I've said in an urgency procedure with no select committee process. I see the Minister is receiving advice so I'm happy to be corrected on that.But that is the purpose of the Amendment Paper that is in my name and I would invite the Minister if indeed there has been an error to agree to my amendment and include it with the passage of the bill to make sure that people get what they're entitled to and that there isn't an inadvertent exclusion of these particular payment rates from the primary piece of employment legislation in New Zealand. So I'm interested to hear the Minister's response.Hon BROOKE VAN VELDEN (Minister for Workplace Relations and Safety): Thank you Madam Chair. Look I thought I would respond to this one quickly to get it out of the way. The reason why we have put in this specific amendment which is to replace section 132(2) of the Employment Relations Act is to return to the status quo from before we had the fair pay agreements. It was only during the process of the Fair Pay Agreements Act that this provision for overtime rate payments and the penalty rate payments was introduced into the law and so by removing this we are going back to the status quo."