2:30 PM Thursday Jul 1, 2010

Representatives from McDonald’s have thrown their weight behind a bill which aims to remove some of the rules around rest and meal breaks in workplaces.

Labour Minister Kate Wilkinson says Employment Relations Act legislation passed in 2008 under the previous government was overly prescriptive and not practical.

The Employment Relations (Rest and Meal Breaks) Amendment Bill passed its first reading in Parliament in April and submissions on the bill from employer and employee representatives were heard in an industrial relations select committee today.

McDonald’s Restaurants human resources manager Lauren Voyce and franchisee David Gilbert said they supported the new legislation as it allowed employers to specify when meal breaks could be taken if agreement could not be reached, and for employees to cash up unpaid meal break time.

Under current legislation McDonald’s staff who work a popular five-hour shift are required to take a half-hour, unpaid meal break, in effect reducing take-home pay by 10 per cent.

Gilbert said during busy periods it was disruptive and difficult to roster around break requirements, which included enforced 10-minute spells, and preferred the idea of simply allowing people to work through or be subject to greater flexibility with breaks – something employees were generally keen for.

\”The situation is in no one’s interest,\” he said.

Labour MP Darien Fenton argued existing legislation adequately addressed flexibility issues, and also took into account health and safety issues, which risked being compromised if there were changes.

Other organisations representing employers were also keen to see more flexibility introduced, but the Meat Workers and Related Trades Union wanted the legislation to remain as is.

The union said the health and safety issues in the likes of meat processing plants were important to acknowledge and breaks at set times were vital to reduce the risk of repetitive strain injuries.

\”The role of government is not to make compliance cheaper. Government’s role is to maintain and enforce standards.\”

The union also had concerns about compensatory measures such as taking the time off at the end of shifts, and said providing for a situation where break times be agreed between employers and employees failed to recognise inequalities in such relationships.

NZPA

Reference: http://www.nzherald.co.nz/small-business/news/article.cfm?c_id=85&objectid=10655754