8. CAROL BEAUMONT (Labour) Link to this
to the Minister of Labour
Is it her intention that the extended 90-day scheme requires agreement between the parties following bargaining in a fair way?
Hon TONY RYALL (Minister of Health) Link to this
It is our intention that the 90-day employment scheme requires agreement between the parties and that the negotiations on the terms and conditions as agreed between employer and employee be conducted in a fair and reasonable manner.
What avenues are there for employees to challenge the absence of bargaining to reach an agreement—for example, where employers advertise, or advise during an interview, that the job will have a 90-day trial period, and refuse to negotiate that term of employment?
Firstly, it is important for the member and the House to acknowledge that this is about expanding opportunities for young people and others who want to demonstrate their value to employers. Quite clearly, the case that the member asked about is one where employees have the same options in relation to any other terms and conditions. They can continue negotiating and they can choose whether they want to take up the job offer under the terms and conditions they are discussing.
How does the Minister consider that an employer stating that a 90-day trial period is a condition of employment constitutes fair bargaining?
I suppose the parallel is with those employers who say they need someone to work on a Saturday. If there cannot be an agreement on the terms and conditions, then there will not be an agreement or a negotiation.
Would employers be acting within the law if they stated that a 90-day trial period is a condition of employment, and then refused to consider a job applicant’s request that regular feedback on performance and opportunities for improvement within that 90-day trial period be written into the contract; if not, what remedies are available for the job seeker in that situation?