Supplementary Order Paper No 153

No 153

House of Representatives

Supplementary Order Paper

Thursday, 8 November 2018

Employment Relations Amendment Bill

Proposed amendments

Hon Iain Lees-Galloway, in Committee, to move the following amendments:

Clause 2

In clause 2(a) (page 5, lines 6 and 7), replace “4 months after the date of Royal assent” with “on 6 May 2019”.

New clause 3B

After the cross-heading above clause 4 (page 6, after line 6), insert:

3B Section 12 amended (Object of this Part)

Replace section 12(d) with:

(d)

to provide representatives of registered unions with reasonable access to workplaces for purposes related to—

(i)

the employment of the union’s members; and

(ii)

the union’s business; and

(iii)

the health and safety of employees who are not members of the union.

Clause 5

Replace clause 5 (page 7, lines 1 and 2) with:

5 Section 20 amended (Access to workplaces)

Replace section 20(1) with:

(1)

A representative of a union is entitled, in accordance with this section and sections 20A and 21, to enter a workplace for 1 or more of the following purposes:

(a)

purposes related to the employment of the union’s members:

(b)

purposes related to the union’s business:

(c)

purposes related to the health and safety of any employee on the premises who is not a member of the union, if the employee requests the assistance of a representative of the union on those matters.

Clause 6

Replace clause 6 (page 7, lines 3 to 5) with:

6 Section 20A amended (Representative of union must obtain consent to enter workplace)

After section 20A(1), insert:

(1A)

However, subsection (1) does not apply to a representative of a union if,—

(a)

at the time of the representative’s entry into the workplace,—

(i)

there is a collective agreement in force between the employer and the union; and

(ii)

the coverage clause in the collective agreement covers the work done by employees at the workplace; or

(b)

at the time of the representative’s entry into the workplace,—

(i)

the union or the employer has initiated bargaining for a collective agreement; and

(ii)

the intended coverage of the collective agreement, as set out in the notice given in accordance with section 42, covers the work done by employees at the workplace.

Clause 8

Replace clause 8 (page 7, lines 10 to 13) with:

8 Section 25 amended (Penalty for certain acts in relation to entering workplace)

After section 25(ab), insert:

(ac)

refuses to permit a representative of a union who is entitled to enter a workplace to enter the workplace; or

Clause 11

In clause 11, after new section 33(2) (page 9, after line 5), insert:

(3)

For the purposes of subsection (1), opposition to concluding a multi-employer collective agreement is a genuine reason not to conclude a collective agreement if that opposition is based on reasonable grounds.

(4)

Clause 6 of Schedule 1B overrides subsection (3).

(5)

In this section and in clause 6 of Schedule 1B, multi-employer collective agreement means a single collective agreement involving 2 or more employers.

Clause 18

In clause 18, replace new section 62A(3)(b)(ii)(A) and (B) (page 14, lines 14 to 17) with:

(A)

notified the employer that the employee intends to join the union; or

(B)

notified the employer that the employee does not intend to join the union; or

Clause 35

In clause 35, replace new section 69ZEA (page 29, line 12 to page 30, line 5) with:

69ZEA Exemption from requirement to provide rest breaks and meal breaks

(1)

An employer is exempt from the requirement to provide rest breaks and meal breaks in accordance with section 69ZD(1) if subsection (2) or (3) applies.

(2)

This subsection applies if—

(a)

the employer is engaged in the protection of New Zealand’s national security; and

(b)

continuity of service is critical to New Zealand’s national security; and

(c)

the employer would incur unreasonable costs in replacing an employee, employed in the protection of New Zealand’s national security, during the rest breaks and meal breaks—

(i)

with another person who has sufficient skills and experience; and

(ii)

without compromising New Zealand’s national security.

(3)

This subsection applies if—

(a)

the employer is engaged in an essential service; and

(b)

continuity of service or production in the essential service is critical to the public interest, including (without limitation) services affecting public safety; and

(c)

the employer would incur unreasonable costs in replacing an employee, employed in the essential service, during the rest breaks and meal breaks—

(i)

with another person who has sufficient skills and experience; and

(ii)

without compromising public safety.

(4)

If subsection (2) or (3) applies, the employer and employee may agree that any rest breaks and meal breaks are to be taken in a different manner (including the number and timing of breaks) than specified in this Part.

In clause 35, new section 69ZEB(1), replace section 69ZEA(2) (page 30, lines 7 and 8) with section 69ZEA(4).

In clause 35, replace new section 69ZEB(3)(b) (page 30, line 37 to page 31, line 11) with:

(b)

if the compensatory measure provided is financial compensation, that financial compensation, at a minimum, must relate to the amount of time that the employee was required to work but would otherwise have taken as a rest break or meal break, and must,—

(i)

in the case of an employee paid at variable rates during a work period, be calculated at the employee’s average rate of pay in the relevant work period; or

(ii)

in the case of any other employee, be calculated at the employee’s ordinary rate of pay:

In clause 35, after new section 69ZEB(3)(c) (page 31, after line 16), insert:

(4)

For the purposes of subsection (3)(c), any financial compensation must,—

(a)

in the case of an employee paid at variable rates during a work period, be calculated at the employee’s average rate of pay in the relevant work period; or

(b)

in the case of any other employee, be calculated at the employee’s ordinary rate of pay.

Explanatory note

This Supplementary Order Paper amends the Employment Relations Amendment Bill to—

  • change the date of commencement for a number of provisions (see clause 2(a)) from 4 months after the date of Royal assent to a specific date: 6 May 2019; and

  • provide that a union representative is entitled to enter a workplace for the purposes of assisting, on request, any employee on the premises who is not a member of the union with matters relating to health and safety (see clause 5 and also the consequential amendment made by new clause 3B); and

  • provide, under new section 20A(1A) (see clause 6), that a union representative is entitled to enter a workplace without an employer’s consent if, at the time of the representative’s entry into the workplace, there is a collective agreement between the employer and the union—

    • that is in force, and the coverage clause in the collective agreement covers the work done by employees at the workplace; or

    • that is being bargained for, and the intended coverage of the collective agreement covers the work done by employees at the workplace; and

  • provide for a penalty for refusing to permit a union representative who is entitled to enter a workplace to enter the workplace (see clause 8); and

  • provide that, for the purposes of new section 33(1) (see clause 11), opposition to concluding a multi-employer collective agreement is a genuine reason not to conclude a collective agreement if that opposition is based on reasonable grounds; and

  • correct 2 typographical errors (in clause 18); and

  • make some amendments for drafting clarity (in clause 35).