9. DARIEN FENTON (Labour) Link to this
to the Minister of Labour
Does she agree with the Minister for Social Development and Employment that the Employment Relations Amendment Act 2008 will not apply to workers employed under her Government’s youth opportunities package; if so, why?
Hon KATE WILKINSON (Minister of Labour) Link to this
Yes, I understand that 90-day trial periods will not be available for employers making use of the Job Ops and Community Max packages. In order to receive the subsidy, employers will need to agree not to use a 90-day trial period, which I remind the House is not compulsory, nor is it automatic. It is entered into only by mutual agreement.
If, for any reason, a young person employed through the youth opportunities package is fired, using the 90-day trial period, will her Government take action to retrieve money or subsidies given to those employers, and what action will she be willing to take as Minister of Labour to protect the employment of those young people?
Hon KATE WILKINSON Link to this
That does not fall within my responsibility. The Department of Labour is not administering the subsidy. That question should be directed to the Minister for Social Development and Employment.
I raise a point of order, Mr Speaker. There were two parts to that question. The second part asked what action she would be willing to take as Minister of Labour to protect the employment of those young people. That does fall within her responsibilities.
Mr SPEAKERSadly, as the member knows, when the member asks two parts to a supplementary question, the Minister needs to answer only one of them. The Minister has done that, so I cannot assist the member further.
Jacinda ArdernDid the Minister or her department advise the Minister for Social Development and Employment prior to question time yesterday that the 90-day trial period would not apply to young people on the Job Ops scheme; if not, why not?
Hon KATE WILKINSON Link to this
I understand that our respective departments did have discussions about the implementation issues, including the trial period.
Is the Minister satisfied that all fixed-term contracts to be created under the Government’s youth opportunities package will be for genuine reasons as required under the Employment Relations Act; if so, why?
Hon KATE WILKINSON Link to this
This Government, unlike the Opposition, believes that it is bound by the law and it is covered by the law. It is not above the law. Fixed-term contracts are provided for in the employment relations legislation, as that member should know. They are not, per se, illegal. If there are illegal fixed-term contracts, then action will be taken accordingly.
Hon Trevor Mallard Link to this
I raise a point of order, Mr Speaker. As a member of the previous Government, I take offence—
No. The member will sit down when I am on my feet. The member cannot litigate that issue under a point of order. If he believes there is inconsistency, he can ask supplementary questions to point that out; if he has taken personal offence he can make a personal explanation, but he cannot litigate the answer by way of a point of order.
Hon Trevor Mallard Link to this
I raise a point of order, Mr Speaker. Repeatedly in this House over the last 25 years, when members take personal offence at comments made about them or a group that they are part of, or responsible for, they have been able to raise points of order on that. I am very offended by the suggestion that I—
The member will resume his seat. I cannot assist the member if the House has not complied with its own Standing Orders in the past. The member is welcome to bring forward a change to the Standing Orders, if necessary. When members disagree they can ask supplementary questions, or if they take offence they can make a personal explanation. But they cannot litigate answers by way of points of order.
Hon Trevor Mallard Link to this
I seek leave to make a personal explanation with regard to allegations that I have broken the law.
Leave is sought to make a personal explanation along those lines. Is there any objection? There is none.
Hon Trevor Mallard Link to this
As part of her answer, the Minister of Labour indicated that the previous Government—involving its Ministers, as she is aware—disregarded the law and broke it. I take offence at that, and it is not true.