Mr Key has told the Seafood Industry Council conference in Wellington a more flexible labour market is better for both employers and workers.

He was reluctant to spell out what other changes National might make to employment law, refusing to say whether they include further restrictions on collective bargaining.

But he says that while the changes will be good for both employers and workers, trade unions won’t be happy.

My pick is that National is set to dust off this little gem turd from its 2008 pre-election proposals on employment relations, despite a post-election assurance to the NZ Council of Trade Unions that the Government would not proceed with it:

Restore workers’ rights to bargain collectively without having to belong to a union.

That would take us back to the dark days of the hated Employment Contracts Act, under which employers could effectively set up “bosses unions” or “employee associations” to “represent” some of the more vulnerable workers in the workplace, impose an employer-friendly and worker unfriendly agreement on the employee association, and then tell the union, under threat of locking their members out, that their only choice is to accept the same rough deal.

The Greens want to promote higher wages by strengthening the ability of unions to bargain, including bargaining for multi-employer collective agreements and discouraging the passing on of union negotiated conditions to non-unionised employees.  National are clearly seeking to move in the opposite direction – lowering wages by undermining the ability of unions to bargain effectively.

The NZ Council of Trade Unions have launched a campaign to organise against the new laws.  Here are some suggestions from one union, the EPMU, about what employees can do:

If you’re in a union …

… you can use your union to demand that your employer treat all employees – new and long-serving – fairly. Demand that your employer respect your choice to belong to a union and ensure your organiser has access when you need it, not when the boss agrees to it. Let your delegate know and call a meeting in the smoko room to discuss it. Ask your employer to sign a pledge not to use these laws.

If you’re negotiating your collective agreement soon, put up claims for clauses that prevent the employer from abusing the 90-day no-rights law and the union obstruction law. It is not against the law to have clauses that say your employer won’t use these bad laws. …

If you’re not in a union …

If you’re not in a union talk to your workmates. Tell them they can do something about these unfair and unjust laws. Tell them they have a right to tell their employer what you expect as a workforce. If you want some help call Freephone 0800 186466 or email us on us@epmu.org.nz.

Whatever you do, never accept unfair actions by an employer. Make your voice heard.

The EPMU have an online petition you can sign in support of fairness at work, with an option to sign up for campaign updates from them. The NZCTU also have an action page with a campaign update sign up option.

Skip the first 5 minutes if you want to get straight into it.

Background to this video

These events are part of the NZCTUs campaign to stop the Government’s attacks on employee’s rights and to build a New Zealand where we all enjoy fair rights at work, decent wages and access to strong public services.

Most of these events are official union meetings so if you are a union member, talk to your delegate about ensuring you get paid for your attendance and possible transport arrangements.

If you are not a union member but want to show your support for Fairness at Work, you will be welcome. I know there are a lot of good employers out there who respect their workers’ rights, so it would be great to see some of you go along too.

Here’s the list of meetings (note the additional meetings now organised for Kaikohe and Blenheim to those I advised here a couple of weeks ago):

Please try to make it to the one nearest you.

Most of these events are official union meetings so if you are a union member, talk to your delegate about ensuring you get paid for your attendance and possible transport arrangements.

If you are not a union member but want to show your support for Fairness at Work, you will be welcome. I know there are a lot of good employers out there who respect their workers’ rights, so it would be great to see some of you go along too.

Here’s the list of meetings (as of 6 October – check again nearer the date, just in case there are some changes), so diary the one nearest you now:

1. You don’t attack the legitimacy of a union, as you have with Actors Equity. This particular union is alive and well, as shown by 200 members turning up to its Auckland meeting, and 80 in Wellington.

2. You don’t portray people you want to work for you as tools of Aussie unionists. Kiwis like Jennifer Ward-Leyland are clearly in charge of Actors Equity here.

3. You respect union meetings. Trying to crash an internal Actors Equity meeting in Wellington last night didn’t look good. You’d be upset if union officials demanded seats at one of your management meetings.

4. While the law surrounding ‘actors as independent contractors’ is complicated, don’t try to hide behind it as an excuse not to talk to the unions on pay and conditions. With good will you can find a way through.

Do you really think that giving Kiwi actors a few extra dollars will endanger the viability of the Hobbit? Most New Zealanders think it will be a raging success at the box office. And more so if all your workers are happy campers.

The first of these is amending the Employment Relations Act to provide that union access to workplaces is conditional on the consent of the employer (and that such consent should not be unreasonably withheld). 

This has profound implications for union organising. The current law already requires: 

A representative of a union exercising the right to enter a workplace—
(a) may do so only at reasonable times during any period when any employee is employed to work in the workplace; and
(b) must do so in a reasonable way, having regard to normal business operations in the workplace; and 
(c) must comply with any existing reasonable procedures and requirements applying in respect of the workplace that relate to— 
(i) safety or health; or 
(ii) security

So, why the change to specifically require employers’ consent in each individual instance? I can conclude only that its sole intent is to make it more difficult for unions to discuss union business with union members, recruit employees as union members, and provide information on the union and union membership employees. 

Unscrupulous and anti-union employers will be able to invent all sorts of pretexts for particular times of access being inconvenient, rendering to chaos any attempts by union organisers to sensibly schedule their workplace visits. The onus is onto unions to prove an employer is being unreasonable in any particular instance of denial of access. And even if an employer is being unreasonable, some may decide that copping the penalties that can be handed out for this is an acceptable price to pay for frustrating the union’s organising efforts. 

The other significant attack is to permit employers to talk with individual employees who are union members directly during negotiations, rather than to their union representatives. 

This seriously undermines in favour of employers the requirement of the Employment Relations Act that the parties bargain in good faith. Employers will be able to go directly to employees to sell the employers’ spin on a proposed settlement of bargaining; thereby bypassing the representatives the employees have democratically chosen for themselves by joining the union. 

There are, of course, huge adverse implications for wage levels in frustrating unions’ attempts to organise and negotiate. Last year:  

• 75% of non-union workers received a pay cut in real terms (that’s either a nominal decrease, no increase, or an increase less than 2%).   

• 74% of union members got a real pay increase, a pay rise above 2%. Most of them got a rise above 3%.  

It pays to join the union, but John Key and his Government are doing their utmost to undermine that.   

Hat Tip: MartyG at The Standard for the statistics and graph  

Workers rally outside Parliament. Green MP Sue Kedgley spoke in support of their calls to lift the wage freeze.

The sun shone on rallies for low paid workers held in cities and town across New Zealand.

In Auckland they were led by Service Workers Union members in their bright red T-shirts – coming from hospitals and rest homes across the region. Other unions like the Public Service Association and NZ Educational Institute also brought their low paid members along.

Chants slammed the National government’s wage freeze in the public sector as the march wound its way Queen Street to a rally in the Methodist Mission.

The fighting spirit of the workers was infectious, both on the march and at the rally that followed, where I represented the Green Party, and Phil Goff the Labour Party.

Rallies that Green MPs addressed in other centres were similarly spirited.

Minister in charge of Climate change negotiations Nick Smith didn't seem too interested in the demands of the low paid workers...

Laila Harré at the NDU said:

It would be a good thing if the Green Party is able to have a strong influence on industrial relations after the election. They understand that most workers still do not have access to unions and collective bargaining because unions were gutted in the 1990s.

Andrew Little at the EPMU welcomed the policy, stating:

The Green Party’s work rights policy clearly lays out their plan for a fair society and a high wage economy, and we commend them for that. We are particularly pleased to see support for industry bargaining, minimum redundancy entitlements and regular increases in the minimum wage.

Andrew Casidy at Finsec says:

The Greens are proposing new policies that would improve the situation of New Zealand workers. On the issues that matter in the workplace – decent pay, fair terms and conditions, health and safety and a voice at work, the Greens’ proposals offer real improvements.

And Helen Kelly at the CTU:

The Greens already have proud record of supporting worker rights, in particular through their work in Parliament to guarantee the full adult minimum wage for most 16 and 17 year olds, giving people with care responsibilities the right to request flexible work, and their work in the Buy Kiwi Made project. A Green Party presence in the next Parliament is essential so that this work can continue.

The actual policy is here.  The main points include:

• A full review of the Employment Relations Act rather than ongoing piecemeal amendments.
• Significant resourcing of a separate Government agency linked to the Department of Labour focused on supporting the capacity of unions and employers to bargain MECAs (multi employer collective agreements).
• Introducing a new framework for state sector collective bargaining aimed at ensuring consistency and fairness in employment conditions across the public service.
• Introducing an additional Monday-ised statutory holiday to fall between Queens Birthday weekend and Labour Weekend.
• Working to extend Paid Parental Leave to 13 months.
• Ongoing support for pay and employment equity, improved workplace health and safety, and for better working conditions for temporary, casual, part time and contract workers

I thought gardening might be soothing, but according to research released this week by Massey University’s Centre for Public Health Research workers in plant nurseries are four times more likely to develop the cancer Non-Hodgkin’s Lymphoma, with apple and pear growing associated with a five-fold risk. The researchers attribute this risk to exposure to the chemical pesticides. The research doesn’t mention the rate of cancer amongst the pests, but I suspect that is quite high too.The reearchers also noted that hairdressers and sewing machinists faced an increased risk of bladder cancer, probably due to the chemical benzidine, which is common in hair and fabric dyes.

Of course, the bloody unions are up in arms about the whole thing, making unreasonable demands such as raised awareness of the issue and meetings with the Department of Labour, Occupational Safety and Health and the ACC. Next thing you’ll know consumers will be getting all uppity about whether their apples and pears actually need to be sprayed with cancerous pesticides or their clothes dipped in benzidine.