Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - New Zealand (Ratification: 2003)

Other comments on C098

Observation

Direct Request

2017
2014

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Scope of the Convention. The Committee notes the Government’s indication that the Employment Relations Act 2000 was amended in 2010 so that workers engaged in film production work are considered to be independent contractors rather than employees, unless they have a written employment agreement that provides they are employees. The Committee further notes the observations of the New Zealand Council of Trade Unions (NZCTU) in this regard that this amendment effectively removed all film and television workers from a direct employment relationship. The NZCTU indicates that as a result there are questions concerning their right to bargain collectively, as several employers have argued that the negotiation of standard terms is prohibited by the Commerce Act, 1986 on price-fixing grounds. Recalling that the rights enshrined in the Convention are fully guaranteed to all workers with the sole exception of workers in the public sector who are engaged in the administration of the State, the Committee requests the Government to indicate whether film and television workers employed as independent contractors enjoy the protection of the rights in the Convention and the manner in which they are able to engage in collective bargaining.

Article 4. Compulsory arbitration. The Committee notes the Government’s indication that Parliament is currently considering further amendments to the Employment Relations Act, including changes to some collective bargaining provisions. The Committee notes that section 12 of the Employment Relations Amendment Bill provides that a party to bargaining for a collective agreement may apply to the Employment Relations Authority for a determination as to whether bargaining has concluded. The Authority must direct that mediation or facilitation be used before it investigates the matter, unless it considers that it would be unlikely to result in the parties resolving those difficulties. If the Authority determines that bargaining has concluded, a 60-day grace period applies before bargaining can be re-initiated, unless the parties agree otherwise. The Committee trusts that the amendments will be submitted to a tripartite dialogue and requests the Government to indicate the aim of section 12 of the Bill and to provide a copy of the legislation once enacted.