Supplementary Order Paper No 3

No 3

House of Representatives

Supplementary Order Paper

Wednesday, 22 October 2014

Employment Relations Amendment Bill

Proposed amendment

Andrew Little, in Committee, to move the following amendment:

Clause 9

Replace clause 9, new section 33(2) (page 9, lines 18 to 24), with:

  • (2) However, an employer does not comply with the duty of good faith in section 4 if—

    • (a) the employer refuses to enter into a collective agreement and the employer does so because the employer is opposed or objects in principle, to bargaining for, or being a party to, a collective agreement; or

    • (b) the employer obstructs a union representative’s access to their members for the purposes of obtaining instructions about bargaining for a collective agreement; or

    • (c) the employer imposes unreasonable conditions in relation to the location or duration of bargaining for a collective agreement; or

    • (d) the employer makes unreasonable demands or responses which are intended to be inflammatory; or

    • (e) the employer fails to give reasonable consideration to proposals made in the course of bargaining.

Explanatory note

This Supplementary Order Paper removes the changes to the duty to conclude collective bargaining. Collective bargaining is important to maintaining harmonious employment relations and the wages and conditions of New Zealand workers. The proposed provisions undermine collective bargaining by changing the duty to conclude so it is easier for an employer to conduct surface bargaining with no real intent to form an agreement. This is likely to result in increased strikes and lower wages and conditions. If these provisions are not removed they should at least be heavily amended. This Supplementary Order Paper reduces the ability of an employer to avoid the duty to conclude by preventing access to workers, making bargaining difficult, making unreasonable demands, or failing to give reasonable consideration to workers’ proposals.