Employment Relations (Flexible Working Arrangements) Amendment Bill

The commencement date, which is what clause 2 of the Employment Relations (Flexible Working Arrangements) Amendment Bill deals with, indicates some time for people to set themselves up to be able to comply with this new legislation. Those who look at the bill will see that the commencement date is 1 July 2008. That is a fair while away for anybody who is concerned about something being sprung on them all of a sudden. [Interruption] Even David Bennett—who was on the Transport and Industrial Relations Committee—will be able to read the bill between now and 1 July 2008. Apparently, somewhere along the way he got a law degree. Therefore, we suspect that even he will be able to understand this clause. The clause means that the Act would come into force on 1 July 2008.

💬 Bob Clarkson: Force?

Yes, that is right. That is how they write the laws nowadays. It may have been different in Bob’s time—when it was written in Old English. The reality is that when an Act gets voted on in Parliament—I say this just for the sake of the Opposition members—it comes into force. It is fairly standard wording, which they would know if they had a look at bills before they came down here and made fools of themselves by showing to everybody their ignorance of how legislation is drafted. David Bennett might be able to explain it to Bob Clarkson, because apparently he has a law degree. “Bob the Builder” does not have a law degree, but even he knows that between now and 1 July 2008 there is ample time for people to prepare themselves for this momentous thing that will descend upon them, as far as the National Party is concerned, when a worker can go to his or her employer to say: “My old mum has had a stroke, and I need to alter my working arrangements with you. Would you like to hear my request?”. Even employers like Bob Clarkson should be able to prepare themselves for a request from an employee who says: “I now have caregiver responsibilities at home for my old mum, who has had a stroke. Would you like to discuss this matter with me, because I have a very reasonable request to put in front of you, as the employer? Would you care to listen to that request?”.

Members on the benches on this side of the Chamber and on the benches in other parts of the Chamber think that is a good thing. They think that is a sensible thing for the law to allow. It is not onerous. It will not be sprung on people by surprise, because this commencement clause states that employers will have until 1 July 2008 to prepare themselves for such requests. I do not seriously think that any member opposite who believes there should be flexible working arrangements would disagree with a time frame of that sort. It gives people plenty of time to get ready for it, to read the bill—

💬 Dr Wayne Mapp: Plenty of time to knuckle under to the coercion.

Oh, the member says it is coercion. The National Party caucus must be a very strange place to work. Members must not be allowed to request anything of each other in case the person they were requesting it of had to make a decision. Of course, we know that those members cannot make decisions or make up their minds. We know that at least the Tories over in the UK have the brains to figure this one out—this measure is family friendly. National members try to paint themselves as being family friendly, and being all for family values. I am astounded that Gordon Copeland has given his vote to National members to vote against family-friendly legislation like this, which will not come in until 1 July 2008. But he is on flexible working hours tonight! He has sent his proxy vote over to the National Party while he is off talking to the bishop—

💬 Hon Member: What’s going on?

What is going on is that those members pretend they are for family values, they pretend that they want families to be able to care for sick and elderly relatives and disabled children, or children of any age, basically—

💬 Paula Bennett: I raise a point of order, Madam Chairperson. Perhaps we could stick with the commencement clause, as you have been quick to jump on this side when members have strayed from the place that we are up to in the bill, and—

The CHAIRPERSON (Ann Hartley): The member will be seated. There was no call for the last remark. A lot of members on both sides in the debate on the first clause strayed, and I tried to bring the debate back. The member will withdraw that last remark.

💬 Paula Bennett: I withdraw.

The CHAIRPERSON (Ann Hartley): I thank the member. I remind the member who is speaking that this is a debate on the commencement date.

Yes, and that is why I am stressing that need for a lot of people to read the legislation before the commencement date. Some people can act quickly and some take a long time to come to grips with the law. That is why we amended this legislation, because it used to state, “the day after the date on which it receives the Royal assent.” Now it states, “1 July 2008.” That is for people who take a long time to get to grips with a law like this—like Ms Bennett over there, who has not read the bill and who has not bothered to understand it, but will get up and proclaim against it as being some terrible form of compulsion. We want to give those people as much time as we can. By 1 July 2008 they should have read the bill, digested it, understood it, and realised that it is eminently sensible legislation, which anybody in this country should be able to cope with by that date.

Tēnā koe, Madam Chairperson. I think that the Employment Relations (Flexible Working Arrangements) Amendment Bill is critically important for families. I am sure that most political parties in this House totally support the right of families to have flexible working hours, and if they do not, then I think the question probably is, why not?

The date for the legislation to come into force is 1 July 2008. That really will give employers and employees time to familiarise themselves with the legislation, and will enable employers to perhaps give considerable thought to how they might assist their employees to have flexible arrangements.

💬 Bob Clarkson: Close down.

No, I do not think that people need to close down, because there are already employers who have been more than willing to have flexible arrangements. They have had increased productivity as a result of doing that, and we support that.

One of the issues we want to raise tonight is the definition of a child whom one can take flexible working hours to care for. We support Minister Dyson’s amendment on Supplementary Order Paper 148 for that reason.

The CHAIRPERSON (Ann Hartley): That is in clause 6A.

Sorry, Madam Chairperson, is that in clause 6A?

The CHAIRPERSON (Ann Hartley): That is in clause 6A.

So I am not allowed to talk about that now?

The CHAIRPERSON (Ann Hartley): No. It is coming up; it is the major part of the debate.

OK. Well, I think the great thing about the legislation is that it promotes flexible working hours. I can speak about this issue because I was a young mother who had to go to work, and I could not get flexible working hours. I know, when I think back to having to leave my children and go to work, that maybe they suffered because of the long hours I had to work as a young mother.

But the commencement date is important, I believe, because of the change that has been made to the day the legislation will come into force. It will now be 1 July 2008. Thank you, Madam Chairperson.