12. CAROL BEAUMONT (Labour) Link to this
to the Minister of Labour
What situations would be defined as unreasonably withholding consent by an employer under her proposed changes to workers having access to their union in the workplace?
Hon Dr WAYNE MAPP (Minister of Defence) Link to this
The draft of the bill does not actually specify those situations. The reason is that the Employment Relations Act 2000 provides guidance as to what is reasonable, as stipulated, particularly, in section 21 of the Act, which deals with conditions relating to access to workplaces. There is also a body of case law on these issues, which provides further guidance to parties about what might be considered to be unreasonable access.
How much consideration did she give to her department’s advice that the current law is working, before proposing to make changes?
Hon Dr WAYNE MAPP Link to this
There are two points here. The first point is that the Government is fulfilling a campaign commitment to New Zealanders, and it is worth reminding the member who asked the question that therefore 45 percent of New Zealanders voted for this policy. Secondly, the Minister has had reports of union representatives stopping customers from coming into the workplace, disrupting customers in the workplace, and tying up workers for hours of productive time. That led to the conclusion that it was absolutely imperative to fulfil our campaign commitments.
Does she stand by her statement in regard to restricting the right of employees to invite union representatives into the workplace: “The benefits, while symbolically significant, are likely to be marginal in practice”; if so, why is she pushing this policy?
Hon Dr WAYNE MAPP Link to this
There are two reasons. One reason is that we are fulfilling our commitments to the New Zealanders who voted for us on this issue, amongst other issues. The second reason is that 10 cases over the past 10 years have gone to the Employment Relations Authority or the Employment Court—and in one instance, the case proceeded to the Court of Appeal—on precisely this issue.
How will her Government’s plans to restrict employees from organising in unions help to reduce the wage gap with Australia by 2025?
Hon Dr WAYNE MAPP Link to this
Employees are not restricted from joining unions, and, frankly, this issue has no relevance to closing that gap. In fact, it will make workplaces more productive and more efficient.