Innovations in Labour Management Government Cooperation: A New Zealand Case Study

1
Innovations in Labour Management Government
Cooperation A New Zealand Case Study

• Symposium Presentation
• Mexico City, June, 2001

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Context 1890s 1980s

• Negotiation of national awards
• Compulsory arbitration
• Exclusive union coverage
• Work based coverage, little workplace focus
• 1987 some moves to enterprise bargaining

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Context 1991 - 2000

• Employment Contracts Act
• Choice of bargaining representative
• Choice of individual versus collective employment
  contracts
• No special status for unions
• Extension of personal grievances to all employees
• ECA and economic reform

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Current employment relations framework 2000
onwards

• Employment Relations Act
• Emphasis on mutual trust and confidence
• Emphasis on social and economic aspects of
  employment relationship
• Trust, confidence and economic performance
• Promotion of ILO Conventions 87 and 98
• Good faith focus (Code of Good Faith Bargaining)
• Promotion of collective bargaining (recognising
  issue of bargaining power imbalance)

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Current framework contd

• Unions recognised by ERA collective agreements
  between employers and unions only
• Union formation made relatively easy
• Union membership voluntary (protecting individual
  choice)
• Explicit requirements for communication of
  employment agreements to parties

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Current framework contd

• Mediation and low level dispute resolution
  provided Employment Relations Authority
• Inquisitorial findings, not arbitrated
  settlements
• Labour inspectors enforce minimum entitlements

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Innovations in Labour Management Governmment
Cooperation

• Success of Mediation Service
• Development of best practice guidance
• Use of consultative committees
• Monitoring and evaluating the effect of the ERA
  on the labour market

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Mediation Service

• Free, confidential mediation
• Low level, problem solving
• Reduction of judicial intervention
• Access and timeliness important and achieved
• Profile and skills of Mediation Service personnel

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Best practice guidance

• Designed to prevent problems before disruption of
  employment relationship
• Two current emphases
• Good faith
• Problem resolution
• Resource production

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Consultative committees

• Main initiatives
• Good faith bargaining
• EEO and disadvantaged groups in labour market
• Holidays Act issues of changing working
  patterns, productivity requirements and
  employer-employee balance
• Contracting out and sale and transfer of business
• Groups expert and representative

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Monitoring and evaluating the ERA

• 3 year evaluation of impact of ERA on labour
  market
• Other evaluation process in place
• (Mediation Services Employment Relations
  Authority)
• Key objective to be assessed impact on
  productive employment relationships through
  promotion of trust and confidence