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Posts Tagged ‘Employment Relations Amendment Act 2014’

2017: Parting shots from the Right: tantrums, bloated entitlements, and low, low expectations for our Youth – toru

8 January 2018 2 comments

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Jamiebaby want Yum-Yums!!

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As  Parliament recently debated the new government’s Families Package Bill, some National MPs were increasingly upset that Urgency had briefly taken the debate into their precious lunch period;

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Jamie Lee-Ross became hysterical at the prospect of his ‘lunchies’ being delayed, and screamed at the Parliamentary Chair, Adrian Rurawhe;

“ Point of order, point of order, I have a right to raise a point of order, I have a right to raise a point of order, point of order. This is outrageous, I have a right to raise a point of order. We have gone past 1 o’clock. It is in the Standing Orders of this Parliament, that there is the break for the lunch break.”

As blogger  “Micky Savage” aptly put it for The Standard;

“ But with a late showing Moore’s antics were put to one side and National’s Jami Lee-Ross is this week’s doofus of the week. He earned this prize after putting on a huge hissy fit in Parliament after his lunch hour was delayed by 5 minutes. Refusing to accept Jacinda Ardern’s hope for a bi partisan effort to address child poverty is bad enough, trying to stonewall the enacting bill’s passage through the house was even worse, but throwing a temper tantrum because your lunch hour has been slightly delayed takes the cake.

Watch the video and marvel at the intensity of the temper tantrum thrown by him in raising the point of order. If my three year old behaved like this I would be embarrassed.”

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The  irony should not be lost on us all that the Families Package Bill – once passed – would help lift an estimated 88,000 families out of the trap that is poverty.  This trap being one of neo-liberalism’s most vile legacies.

385,000 families would receive an extra $75 a week for groceries, power, accommodation, and other necessities that make the difference between living in dignity – or desperation.

If successful, this one single policy will be a crowning achievement for Labour, NZ First, and the Green Party. The coalition would have done more in a couple of months what National failed to achieve in nine years.

It is true that National MPs’s lunch was indeed delayed. But only because of their own constant filibustering, to stall passage of the bill, as reported by Fairfax’s Laura Walters;

Rurawhe stopped MPs from delivering their points of order because he believed they were “repetitive and trivial”, and were being used by MPs to re-litigate the same points, in an effort to filibuster the Families Package (Income and Tax Benefits) Bill.

The obscenity of this ploy is hard to overlook; right-wing MPs obstructing a bill to alleviate poverty and then complaining their lunch was being delayed.

This is the soulless nature of the National Party. They are prepared to play political games and indulge in childish petty point-scoring – even though  it obstructs efforts to alleviate poverty in this country.

Even more scandalous is that no one in the mainstream media (including the much vaunted Radio NZ) has picked up this crass and utterly selfish abuse of parliamentary process.

But an even more twisted irony is Jamie Lee-Ross complaining about an industrial relations matter; a lunch break. More than one commentator on Fairfax, The Standard, and elsewhere have pointed out Lee-Ross’s hypocrisy on this issue. From  Fairfax’s comments section;

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From the Youtube comments;

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And from The Standard;

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And they’re all correct.  Jami-Lee Ross has a vindictive, hostile view of trade unions.In January 2012, Ross was scathing of the Maritime Union in it’s dispute with Ports of Auckland Ltd (POAL);

This is in fact a story of the Maritime Union biting the hand that feeds them. It is a story of industrial action that, if left to go on much longer, could have disastrous consequences for the Ports of Auckland…

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Up until recently, cool heads and rational people sitting around negotiating tables have meant that little focus has been placed on the role that unions play in society. However, with the bare-faced mockery that the Maritime Union is making of civilised negotiations New Zealanders will soon begin to question what position unions should hold in the modern Kiwi workplace.

In 2013, during the POAL-Maritime Union dispute,  Ross admitted that he had been colluding with Ports of Auckland management to draft his proposed  strike-breaking legislative amendment, the Employment Relations (Continuity of Labour) Amendment Bill.The Bill would have permitted scab labour to be hired to replace striking workers.

On TV3’s The Nation on 22 June 2013, Ross confirmed that he had been in talks with employers during the height of the industrial dispute between the POAL and MUNZ (Maritime Union);

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The questioning from Rachel Smalley elicited revelations that Ross has discussed his Bill with Ports of Auckland, in direct response to the strike at the time;

@3.26, Smalley asked Ross,

Where does this Bill have it’s origins? 

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… is it on the wharves of the Ports of Auckland, is that where it’s origins lie?

Ross  deflected, obviously realising that his collusion with POAL management had been uncovered. @4.00 Smalley repeated her direct questioning, not willing to let Ross off-the-hook with mealy-mouthed platitudes about “protecting low paid workers” and “freedom of choice” bullshit;

Have you discussed this Bill with the Ports of Auckland?

Caught in the vice of her softly-spoken questions, Ross admitted the obvious;

Oh a long time ago, ah, that was an issue that was raised…

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… Oh might have been when the industrial dispute was in full swing. ”

When asked by Smalley , “What was the Port’s input into the Bill?“, Ross confirmed  POAL’s involvement;

The Ports indicated that during a strike like every organisation that is affected by a strike they’re unable to keep their business going, in the same manner that able to before.

It is hardly a mystery that National and big business connive together to suppress union activity in industrial relations. For the first time, though, New Zealanders watched  a Tory MP admit admit this collusion, in full public view. (For which Ross probably received a right royal bollicking from his Ministerial superiors.)

Unsurprisingly, as it became clear that Ross’s Bill was weaponised legislation,with the aim of curtailing union influence, it was defeated on it’s first Reading in November 2013.

However, National’s successor to Ross’s doomed Bill – the Employment Relations Amendment Act 2014 – passed through all stages of Parliament and made law by Assent by November 2014.

As well as the notorious  “Continuity of employment – Part 6A” section (which denied guaranteed continuity of employment for workers if a small/medium business changed ownership), the  new provisions attacked workers’ conditions such as meal breaks. The power to reduce or remove meal breaks was handed to the employer on a…well… plate.

Even MoBIE could not sugar-coat the “flexibility” of the so-called “reforms” and it became clear that employers could dictate when and how (if at all) employers had meal breaks;

The changes say:

  • when employers can make reasonable restrictions on rest and meal breaks
  • employers can specify when breaks are taken, if employees and employers cannot agree on when and how long breaks should be
  • that an employer is exempt from giving breaks – when employees agree to reasonable compensation or where the employer cannot reasonably give the employee rest and meal breaks

Given National’s anti-union legislation where bosses now call the shots on meal breaks, it appears that  the new work environment is not to Jamie-Lee Ross’ liking. He wants his dinner and was prepared to throw a full-blown screaming ‘tanty’ to get it.

But as ‘Mickeysavage’ pointed out on The Standard;

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Let’s not forget that the legislation being debated at the time was Labour’s Family Package – a package estimated to lift an estimated 88,000 families out of poverty.

It would mean thousands of children having more food to eat; not going to school hungry; able to learn better in the classroom; able to get ahead in life, and be given a decent chance to succeed.

But National was too busy playing political games – “filibustering”. Not only were they delaying their own dinner break – they were prepared to deny impoverished families additional income. This is the depths to which National’s members of Parliament are prepared to go: politicking at the expense of the poor.

But not to panic, folks.

Jamie-Lee Ross eventually had a very nice meal.

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References

IRD:  Families Package Bill introduced

Radio NZ:  Delayed lunch break brings out hangry MPs

Fairfax media:  Long days and busy schedules start to get to MPs

NZ Herald:  Tempers flare in Parliament as families’ package debate drags out

Youtube:  Families Package (Income Tax and Benefits) Bill- Committee Stage- Part 1 – Video 53

Scoop media:  Union biting the hand that feeds – Jamie Lee-Ross

Parliament: Bills Digest – Employment Relations (Continuity of Labour) Amendment Bill 2013 (Member’s Bill)

Youtube: Ports behind bill

Parliament:  Employment Relations (Continuity of Labour) Amendment Bill

MoBIE:   Amendments to the Employment Relations Act 2000 (March 2015)

Parliament: Employment Relations Amendment Bill [Act]

Parliament:  Continuity of employment – Part 6A of the Employment Relations Act

Parliament: Employment Relations Amendment Bill [Act] – Rest and Meal Breaks

Other Blogs

The Standard:  Doofus of the week – Jami Lee-Ross

Previous related blogposts

Harbour battles & casual fear

Confirmed: National welcomes low-wage economy

National MP admits collusion with bosses to set up strike-breaking law!!

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This blogpost was first published on The Daily Blog on 3 January 2018.

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Judith Collins owes an explanation to voters

25 November 2017 6 comments

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National’s narrative continues

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The National Party is continuing with it’s strategy to question and undermine the legitimacy of the  Labour-Green-NZFirst coalition government.

On 24 October,on Radio NZ’s Morning Report,  Bill English questioned whether or not Labour had a mandate to govern;

“ The voters at large probably expected that if you got 44 and a half percent of the vote, you were some part of the government or the big part of it.

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How to hold to account a government that’s been put together in an unusual way.

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Just remember this is a prime minister who’s the first one in a hundred years who lost the popular vote and lost it by quite a bit.

… It didn’t win the vote.

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when an election is lost, a larger party captured the direction New Zealand wanted to go in.

On further questioning, English was forced to concede that Labour had a mandate;

I accept that, absolutely… It’s a legitimate result…

Well, I’ve been saying all year that the… all the other parties put together can beat you on the day. And that’s what happened on Thursday. So that’s MMP. That’s how it works.

On the 10th of November, Judith Collins took up the narrative, questioning whether or not Peters had been conducting coalition negotiations in good faith;

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Collins complained that because Winston Peters had filed legal action against several National MPs and their staff, that this constituted “bad faith” bargaining;

At the time, we were very much convinced on our side there were genuine negotiations going on. But I’ve got to say, it’s not looking like it was quite so genuine anymore.

She further demanded an explanation from the NZ First leader;

“ I think Winston Peters should really explain himself to the public because there were a lot of voters who were disappointed in his decision.  I think New Zealanders are owed an explanation. Was he being genuine, or was it just a play?”

Now this is richly ironic on several levels.

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Bargaining in good faith

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Firstly, I am reminded of National’s legislative changes to workplace collective bargaining in 2014. As MoBIE reported at the time, “good faith bargaining” was watered down to the extent that “the duty of good faith does not require collective agreement to be concluded“;

Before the law change, parties bargaining for a collective agreement were required to conclude that agreement unless there was genuine reason not to. The change means that a collective agreement does not have to be concluded, however parties must still deal with each other in good faith.

The Employment Relations Amendment Act 2014 came into effect on 6 March 2015 and passed provisions in the Bill that “providing that the duty of good faith does not require parties to reach a collective agreement“.

So providing that employers could show they “acted in good faith“, there was no onus on them to conclude bargaining to achieve a collective agreement.

Sound familiar?

It should. It’s what Judith “Crusher” Collins has complained about;

At the time, we were very much convinced on our side there were genuine negotiations going on. But I’ve got to say, it’s not looking like it was quite so genuine anymore.

The richest irony of all; National complaining that bargaining to establish a “collective agreement” for a National-NZFirst Coalition was not conducted in good faith.

“Good faith bargaining” and the “National Party” – not words we usually associate together in the same sentence.

My heart bleeds.

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New Zealanders owed an explanation?!

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Collins was engaging in some loud, toy-tossing whining when she demanded “I think Winston Peters should really explain himself to the public because there were a lot of voters who were disappointed in his decision.  I think New Zealanders are owed an explanation”.

While we’re about who is owed explanations by whom, let’s re-cap on some matters that arose  in the last nine years of National’s governance – and remain outstanding ;

2009 – Paula Bennett releases personal details relating to two solo-mothers, after they challenged the Minister’s decision to cease the Training Incentive Allowance (which Bennett herself used to gain a free tertiary education);

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Not only did  Bennett not apologise  for misusing personal information for political point-scoring – she hinted she would do it again;

 …it would depend on the circumstances.

Paula Bennett: New Zealanders are owed an explanation.

2013 & 2014 – Judith Collins was revealed to have close connections with Oravida, which her husband was also a director of. Collins;

  • opened Oravida’s new Auckland headquarters in October 2013
  • whilst on a tax-payer funded trip to China, Collins had a private  dinner-function  with Oravida bosses and an un-named senior Chinese border official
  • on the same tax-payer funded trip to China,  Collins “stopped by”  Oravida’s Shanghai offices “on the way to the airport” – despite Oravida’s offices being   thirty kilometres in the opposite direction
  • prior to Collins’ dinner at Oravida’s Shanghai offices, Oravida  sought assistance from the NZ Government on Chinese border control problems
  • received donations totalling $86,000 for the National Party coffers
  • received thousands of dollars of donations from other Oravida-linked sources

The perception of a severe conflict of interest where Collins may have mis-used her Ministerial position to further Oravida’s interests remain unanswered.

Judith Collins: New Zealanders are owed an explanation.

2014 – Judith Collins (again) was uncovered sharing information – including personal information, leaks, and gossip – with far-right blogger, Cameron Slater.

In his book ‘Dirty Politics‘, investigative journalist Nicky Hager Mediaworks outlined how Collins had;

  • … discussed details of the Bronwyn Pullar ACC case with Mr Slater and she may have been behind the leak;
  • … fed Mr Slater a constant stream of gossip, for example, anecdotes about Labour MP Trevor Mallard making a fool of himself;
  • … may have been involved in a prisoner transfer requested by Mr Slater, while she was Corrections Minister;
  • … emailed Mr Slater the name of a ministerial services staff member who he went on to attack on his blog.

Collins was also accused of running a vendetta against then Serious Fraud Office Director, Adam Feeley, and working with Slater to destroy the SFO boss’s career.

In 15 August 2014, then-Dear Leader Key refused categorically to  sack or even investigate Collins for alleged mis-use of ministerial power;

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most corrupt politicioan in NZ's history - judith collins

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Two weeks later, she was gone-burger. Collins had “resigned”;

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(Unsurprisingly, Collins was later “cleared” of allegations that “she was working with Whale Oil blogger Cameron Slater to get rid of former Serious Fraud Office  boss Adam Feeley”.  Evidently, despite several fifteen minute telephone calls between Slater and Collins, Justice Lester Chisholm insisted that the “Whaleoil” blogger had ” over-embellished” when he sent emails saying Collins was “gunning for Feeley”. Yeah, right.)

Yet, questions still persist surrounding Collins’ dealings with Cameron Slater and people she allegedly tried to destroy.

Judith Collins: New Zealanders are owed an explanation.

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Conclusion

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It is unquestionably the role of the Parliamentary Opposition to question the government and hold it to account. Along with the media (as flawed as it sometimes is), a strong Opposition is a necessary function of a healthy democracy.

But having someone like Judith Collins, who has so many unanswered questions hanging over her, demanding accountability undermines the effectiveness of the Opposition.

Collins’ time has come and gone. She should resign from Parliament altogether and let her place be taken by someone untainted by dubious associations; questionable conflicts of interest; and allegations of mis-use of ministerial power.

Other MPs have resigned for less.

 

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References

Radio NZ:  Bill English faces first caucus since defeat (alt.link)(audio)

Mediaworks:  Winston Peters ‘not genuine’ in coalition talks – Judith Collins

Mediaworks:  Winston Peters takes legal action against National Party over leak ‘plot’

MoBIE:  Law changes to collective bargaining

MoBIE:  Amendments to the Employment Relations Act 2000 (March 2015)

NZ Herald: Bennett gets tough with outspoken solo mums

Dominion Post: Minister defends releasing private details

Fairfax media: Bennett won’t rule out releasing beneficiary details

Mediaworks: Timeline – Judith Collins and Oravida

Mediaworks: Key won’t investigate Collins claims

Interest.co.nz:  Judith Collins resigns after revelation of Slater email saying she was “gunning for Feeley”; Collins denies campaigning to oust SFO Director; Key says Collins had to go

Mediaworks:  Judith Collins cleared of colluding with Whale Oil blogger Slater

Fairfax media: How did Key mislead Parliament?

Other Blogs

The Paepae:  The Judith Collins Chisholm inquiry – Who was actually on trial?

The Standard:  Collective bargaining? Yeah right

Previous related blogposts

Doing ‘the business’ with John Key – Here’s How (Part # Toru)

Doing ‘the business’ with John Key – Here’s How (Part # Rua)

Hon. Paula Bennett, Minister of Hypocrisy

“Dirty Politics” and The Teflon Man

Observations on the 2017 Election campaign… (Iwa)

“Fool me once”…

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This blogpost was first published on The Daily Blog on 20 November 2017.

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