Hon Michael Woodhouse

Minister for Workplace Relations and Safety
24 October 2014 Media Statement
Little’s claims smack of scaremongering

Workplace Relations and Safety Minister Woodhouse today refutes Labour MP Andrew Little’sclaims that the Employment Relations Amendment Bill is ‘mean-spirited and unfair’.

“Mr Little’s claims that the Bill will see the end of smoko breaks is nothing but a cynical dog whistle used by Labour to create a climate of fear,” Mr Woodhouse says.

“The Bill acknowledges that an employee is entitled to rest and meal breaks and balances this with the environment and need of the workplace, by making the rest and meal break rules more practical and flexible.

“Under the Bill, employers and employees are able to negotiate when the meal and rest break takes place and how long for. If they can’t agree, then the employer can set down the time but this must be reasonable.

“The Bill also puts reasonable limits on when rest breaks and meal breaks can be restricted in certain workplaces, like when healthcare workers are dealing with an emergency for example.

“Employers must also still meet their legal requirements for managing health and safety risks in the workplace when considering rest and meal breaks too.

“The only situations where an employer does not have to give breaks are when the employee agrees, or where the nature of work means the employer can’t reasonably allow a break, and for Mr Little to suggest otherwise is absolute rubbish.

“The Government acknowledges that employees need reasonable rest and meal breaks to rest, eat, drink and take care of personal matters and we are committed to ensuring that the right balance is struck between the needs of employers and employees.

“I am confident we have the balance right with this Bill and I look forward to its progression through the House.”

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