Screen Industry Workers Bill

Members, we now come to Part 1A. This is the debate on clauses 12A to 12E, “Freedom of association”. The question is that Part 1A stand part.

Previously, on an earlier episode or part—

CHAIRPERSON (Ian McKelvie): Start again.

Yeah, I’m just trying to understand why the Minister, in his Supplementary Order Paper (SOP), has inserted “good faith” alongside “freedom of association.” It’s not that we’re against good-faith bargaining—that’s, of course, important—but I mean, the very nature of what this bill is doing is in many ways taking away the need for good faith.

Or rather, put in other terms, he’s skewing the field—the Minister is skewing the field of negotiations in discussions between screen industry workers and their employers, which makes it a little bit odd to then talk about “good faith”. So I want to be really, really clear to the Minister and to the committee that we’re all for good faith on this side, but good-faith bargaining, good-faith discussions—whatever it is—generally works on a level playing field, and the copious amounts of pages here indicate that the Minister, as I say, trying to skew the field a little bit.

The second question is just for him to elaborate for the clarity of the committee—because we are bouncing between the select committee’s version of the bill and now his SOP—and to define for us what he deems to be a “worker organisation” and an “engager organisation”. The only reference I find is I think—I jump now to clause 65A, in his SOP—“incorporated society”.

So I suppose I’m just trying to get a quick understanding—and please, I’m not trying to trifle, through the Chair, with the Minister—to get a bit of a handle on it. Because if I’m reading the legislation right—or wrong, both are possible; perhaps the latter—is it implied that a worker organisation or an engager organisation has to be an incorporated society? Because that’s all that I see referenced in clause 65A. Where do unions fit within this? Is it arguable that a screen worker does not have to be part of a union? Is that covered within it? I hope that clarifies it enough; I’m sorry about my confusion.

Members, the time has come for me to leave the Chair. The committee will return at 7 p.m.

Sitting suspended from 6 p.m. to 7 p.m.

Members, the committee is resumed on Part 1A of the Screen Industry Workers Bill. I call on the Minister, the Hon Michael Wood.

Just before we headed off for dinner, there were a couple of questions from Mr O’Connor which were about the fact that the Supplementary Order Paper that I have tabled effectively shifts the good-faith provisions of the bill from Part 2 into Part 1A. The member was questioning why that was; they’re now in clauses 12AA and 12AB.

Effectively, if one looks at the structure of the bill, Part 2 primarily deals with individual contracts. As we looked at the structure of the bill, it seemed more appropriate to put these provisions into Part 1A. We don’t want the provisions that relate to good faith just to apply to processes around individual contracts.

Good faith is one of the fundamental constructs of employment relationships in New Zealand. It’s been an established part of the framework since the 2001 commencement of the Employment Relations Act. It’s well understood by people generally, albeit its provisions are generally a little bit narrower in the context of this legislation. Really, just moving it into Part 1A is about ensuring that good faith applies across all of the actions that parties might undertake under this piece of legislation.

To thank the Minister—and look, it’s not worth the debate in terms of what he perceives as narrowing versus this side of the House.

Would he mind just clarifying for the committee the definition of “worker organisation” and “engager organisation”? I apologise to him if I’ve completely misread things, but it references, I think, clause 65A and that’s incorporated societies. I’m just trying to get a bit of a handle on whether I’ve misunderstood whether these organisations need to be incorporated societies or not, and where the place of unions are—as I quickly try to scroll to it and I apologise to him.

Yeah, if I have it right, it is referencing clause 65A, that talks about “Incorporated society may apply to register as worker organisation or engager organisation”. I’m just wanting to make sure that that’s not exclusive, and just to define it more widely if that’s possible.

In response to that question, the member’s right that this references through to clause 65A, which talks about worker and engager organisations. That’s appropriate because it’s Part 5 that effectively brings together some of the mechanisms that sit behind the bill and the way that things will work.

Both worker organisations and engager organisations will need to be incorporated societies, so they’ll have a particular legal form. Worker organisations, for example, will likely be unions and guilds who represent the collective interests of members. They’ll need to have requirements as per clause 65B(2), such as having the objective of promoting their members’ collective work interests and having democratic rules.

So there’ll be nothing here that’s particularly unusual or new for organisations who engage in this space, say through the processes of the Employment Relations Act.

The question is that the Hon Michael Wood’s amendments to Part 1A set out on Supplementary Order Paper 234 be agreed to.