Bus operators are claiming more than 1000 bus runs a day are at risk because of set meal breaks for drivers coming into law next month, but Transport Minister Phil Twyford says they're scaremongering.
Operators said the government's flagship employment changes, as amendments to the Employment Relations Act, will put public transport in our major cities at risk.
They said the government's restoration of the right to rest and meal breaks, which was passed late last year, will cause delays, cost more and compound an existing shortage of bus drivers.
All workers will have the right to rest and meal breaks from 6 May.
Some companies said the changes would mean drivers have to take breaks in the middle of service runs, which throws everything off schedule.
Phil Twyford Photo: VNP / Phil Smith
Mr Twyford said the law asks employers and employees to find times that work for both of them.
"I'm sitting down quite soon with bus operators, and the unions, to work out how we can get through this problem, so that bus drivers get decent breaks," Mr Tywford said.
"It's important. It's in the interests of not only the drivers, but most importantly, public safety, without bringing the public transport system to a grinding halt."
Auckland Transport says bus operators are saying they may need hundreds more bus drivers to cover for existing staff taking regular breaks. Photo: Supplied/Auckland Council
Auckland Transport said it was told by three bus operators the city might need 350 extra drivers to fill gaps created by drivers taking breaks, and that 1400 services could be at risk a day.
In a submission to the select committee last year, large operator NZ Bus said set break times might mean some drivers have to take a rest in the middle of a run, while passengers are sitting on board. It said this interruption would get a lot worse if the break was, for example, on the Auckland Harbour Bridge.
"In NZ Bus' view, the current Act simply reflects the reality that there are a number of work situations (and this is especially the case in the transportation industry) where work time cannot be interrupted by a requirement to take specified breaks, at specified times," the submission said.
NZ Bus did not respond to a request for an interview today.
Auckland Transport's service delivery manager Stacey van der Putten said it is possible some services will be interrupted next month.
"What we're trying to do is understand how we can mitigate the potential cancellation of services," she said.
"It's too early to know, but we hope to have a better handle on that in the coming weeks, once we actually sit down with all of our operators individually."
The union representing some drivers, First Union, said the reluctance of bus companies to give their employees rest and meal breaks showed how poorly they treated their drivers currently.
First Union bus organiser Emir Hodzic said it was not surprising companies could not attract drivers, if basic employment laws were not accepted.
"If the companies were to lift the wages and improve conditions - which is the reason drivers are leaving the industry, let alone not joining - the issues of breaks wouldn't be a huge problem. There's a great underlying problem in the bus industry at the moment.
"Why should bus drivers be treated any differently to any other workers?"
The part of the legislation coming into effect on 6 May reinstates the right to set rest and meal breaks. In an eight-hour day, a worker must be allowed two paid 10-minute rest breaks, and one unpaid 30-minute meal break. For people working between two and four hours, the employee is entitled to one 10-minute break, and between four and six hours, one 10-minute and one 30-minute.
Times for the breaks are negotiable, but if an employee and employer can't agree, the break should be in the middle of the work period, "so far as is reasonable and practicable".
NZ Tramways Union national president Gary Frogatt said currently the Transport Act allows the employer to work drivers for five and a half hours without a break to eat, stretch their legs, or go to the bathroom.
He welcomes the changes, and said there were ways bus operators could make it work.
"It is going to cost possibly a little bit, but why should bus drivers not have morning and afternoon tea breaks like everyone else in the country?"
Mr Frogatt said he suspected bus operators would seek an exemption so they did not have to adhere to the new laws.
Ministry of Business, Innovation and Employment general manager of labour policy Ruth Isaac said the new law provides flexibility for when the break can be taken, and allows negotiation.
"The timing of those rest and meal breaks are to be agreed between employers and employees where possible. They can agree what timing makes sense for their business and for them."
Neither the Bus and Coach Association or NZ Bus would be interviewed today.
It's understood they, the unions, Mr Twyford and Minister of Workplace Relations Iain Lees-Galloway will meet tomorrow to discuss the situation.
