Unions hit back at labour proposals

A controversial new employment relations bill is a "fundamental attack on workers' rights", a local union rep warns.

Introducing the Employment Relations Amendment Bill on Friday, Labour Minister Simon Bridges said it aimed to improve fairness and flexibility in workplace relations.

The bill will change rules around smoko break entitlements and allow employers to opt out of collective bargaining.

However, unions have hit out at the changes. EPMU Wairarapa spokesman Mark James said the bill was a "fundamental attack on workers' rights" which would lead to pay cuts for workers.

"The employer is no longer required under good faith to conclude bargaining. Therefore, [workers] will have to take industrial action to get a deal. Every single change they have signalled is a fundamental attack on workers' rights, and they are not just technical changes."

The union was not against proposed changes to extend flexible working arrangements. However, there were no real changes to this area as the employer "simply has to say no", Mr James said. "The law talks about reasonableness, but there's no case around what is reasonable."

The changes were "on the back of a mantra of industrial harmony", but would lead to "industrial disharmony", he said.

Under the bill, the Government would fast-track employment disputes by placing a three-month timeframe on cases before the Employment Relations Authority. Other changes include extending flexible working arrangements to any employee, not just caregivers. Employees will also be able to ask for flexible work arrangements from the start of their employment, removing the current six-month threshold.

Council of Trade Unions president Helen Kelly said the changes made it easier for employers to pay workers less. "The bill weakens collective bargaining and will exclude new employees from collective coverage at the time they are most vulnerable - when they start a new job. Employers can favour individual agreements and refuse to conclude a collective agreement."

Labour's spokeswoman for labour issues, Darien Fenton, said the changes could not have come at a worse time for workers.

"The New Zealand labour market needs hands-on policies that help create decent work and fairness, not this return to failed policies of the past."

Other proposals in the bill include allowing up to 10 per cent of pay to be docked when workers refuse to carry out duties in protest at conditions, and the end of employees having to be covered by a collective agreement for their first 30 days in a new job.

About 13 per cent of New Zealand workers are covered by a collective agreement - 9 per cent of private sector workers and 58 per cent in the public sector.

Business New Zealand chief executive Phil O'Reilly said the changes would allow more flexibility and certainty for businesses, allowing for more growth and job creation.

Changes signalled before the last election included the employer being able to determine when rest breaks are taken if an agreement cannot be reached with the employee.