Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill June 2010

This submission was made on behalf of the National Association of Retail Grocers and Supermarkets of New Zealand (NARGON). NARGON has around 500 retail members representing approximately 40% of New Zealand's food retailing industry.

NARGON fully supports the intent of this bill. The nature of work in the retail grocery sector means it is difficult to comply with current prescriptive provisions of the Employment Relations Act in relation to rest and meal breaks.

However, NARGON is concerned this bill, as initially drafted, contains several provisions which are unclear, contradictory or likely to have a different effect than intended.

Consequently, NARGON has recommended two amendments. The main effect of the amendments would be to ensure that where the nature of the work means rest and meal breaks cannot be provided, compensatory measures must either be agreed, or, in the event of a failure to agree, determined by the employer.
It should also be possible for the employer and employee to agree to payment of an amount equivalent to the break foregone. These determinations should be set out in the employee's employment agreement.