Tauranga union organiser welcomes employment law changes

Workplace Relations Minister Iain Lees-Galloway has introduced changes to the employment law. Photo/file

The Government's move to restore provisions of the original Employment Relations Act has been welcomed by Tauranga union organiser Phil Spanswick.

''It is a good move to get back to what it was,'' the organiser for the Rail, Maritime and Transport Union said.

The previous National-led government had not touched the good faith provisions of the original act because they knew that scrapping it would represent a return to the days when there was no good faith, he said.

Spanswick said unions with more casual employees had struggled under the changes introduced by the previous government. These unions would really benefit from the amendments proposed by Workplace Relations Minister Iain Lees-Galloway.

The new legislation meant employers would no longer be able to opt out of multi-employment collective agreements and be bound by a duty to conclude negotiations in good faith.

However, New Zealand Employers and Manufacturers Association chief executive Kim Campbell was worried that the amendments would stifle the ability of employers and employees to have flexibility in the workplace.

New Zealand was part of the global economy and needed to be agile enough to remain competitive now and into the future, he said.

Campbell said that, on the whole, employers recognised the importance of good workplace relations. The current framework for employers and employees to negotiate in good faith was clear and worked well.

There were hefty penalties if an employer was found in breach of the Act, along with facing irreparable reputational damage. "Yet the impact of some of the changes announced today seem to imply that there is an imbalance that needs to be addressed,'' he said.

Campbell was pleased to see the 90-day trial period remained in its current format for businesses with fewer than 20 employees. But for those with more than 20, it would be unfortunate if larger businesses now chose not to take someone on,

"The worst outcome of the government's proposals would be if it made it more difficult for employers to recruit and retain staff,'' he said.

Lees-Galloway said good businesses had nothing to fear and would benefit from stronger conditions for workers. The Government hoped the new legislation would strengthen collective bargaining and ultimately lift wages.

He said that only one employer had tried - unsuccessfully - to use the provision of not having a duty to conclude negotiations. ''That speaks volumes as to why we don't need to have it in our legislation."

That case was Affco, which appealed the case to the Supreme Court. Last September the court rejected the appeal and found that the meat processor had unlawfully locked out meat workers when collective bargaining was taking place.

Lees-Galloway said not changing the law would have left the door open to treating unions unfairly.

- Additional reporting NZME

FACTBOX
Others measures in the bill included:
- Guaranteed rest and meal breaks.
- Ability to engage in low-level industrial action without the threat of pay deductions.
- The right to the same conditions as other workers on a collective agreement, if you're a new worker.
- Guaranteed pay and conditions if you're a vulnerable worker and your employer changes.
- A requirement to include pay rates in collective agreements.
- A requirement for employers to pass on information about unions to prospective employees.