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Trial of new mentoring programme for silviculture workers proves successful

Prue Younger, CEO Message

Right or Wrong – That is the Question?

A message from Prue Younger, CEO, FICA Access to workers by unions has not always generated the best of relationships between employers and the agency. There have been underlying perceptions that by letting the union come into their business premises the priority of the visit is to recruit new members. There is truth to this and nevertheless, union representatives have the right to access the employer’s workplace so long as certain conditions are met.

Consideration of rights

In our industry we need to consider the contractor’s rights and obligations, the forest owner’s obligations and the union’s rights here, as well as the privacy of disclosing employer’s details without seeking permission. With the international certification system FSC and our own Safetree Certification, an integral part of our industry, there has been discussion raised around access to the employees by unions.

Employer clarification

Importantly FICA must also clarify that a contractor working for a forest principal is an employer in their own right as they are most generally on contractor agreements, so reference to ‘employer’ in this article pertains to the ‘Forestry Contractor”.

Relevant legislation and guidelines

There are three very important guidelines we can reference to clarify any situation that might arise: 1. Privacy Act 2020 2. Employment Relations Act 2000 3. Employee right of choice to join the Union To cover off the privacy duty of care let’s start by quoting the Privacy Act 2020 and Part 3 – Information privacy principles and codes of practice. There are thirteen principles but the first two give us enough information to state that no one can pass on personal information to any third party without seeking the consent of that person or entity. It’s simple, the forestry corporate or management company cannot pass on the employer’s name without the contractor’s consent, so must seek the contractor’s permission for any request of information about the employer whether it be from the union or other third party.

Ten silviculture crews around the country have completed “He works in a great team environa trial of a new mentoring programme developed by the ment and is outdoors all day.” Forest and Wood Processing Workforce Council, with Troy has worked in the industry for funding from the Forest Growers Levy Trust and support 30 years. His company employs 18 from MPI. staff.

Mentoring Programme Manager, Greg Steele, says the His company does all aspects of Council is looking to improve the status and mana of the silviculture and over the years he silviculture sector. has employed many young people.

“We want to formalise mentoring in the forestry training “Many are referred to us by the infrastructure, especially as some good crews already do police to give them a go and try to take on this role. turn their life around. Some are at-risk or troubled youths. “Using the process, we aim to get new people more skilled Some are too far gone to turn around. Check out the Information privacy principles and “A lot of them don’t have a good work ethic. They don’t earlier in soft and practical skills. We selected crews who codes of practice on https://www.legislation.govt.nz/act/have a lot of confidence – we try to build that.were interested and had a new entrant to put through.” public/2020/0031/latest/LMS23342.html“That’s why there are accidents in forestry – they have issues, they have financial burdens at home. Currently new entrants are encouraged early on in their work to achieve unit standards to meet compliance standards. The right to access the workplace “It’s being able to read them, take five minutes, being able to talk to them – whether it’s me or a crew member – and “We thought if we identified other key interpersonal, communications and induction skills and packaged them on Then let’s get the access to the workplace clear for our contractors, forest principals and the unions. According to the right to access the workplace under section 20 of the Employment Relations Act 2000, union representatives have a right to access workplaces to: build a whanau-way around them; getting to know one another and if they are mentally okay. “As a company, we try to take the financial burden off our employees. We pay our cutters and production leads more than others pay them and because of what we do for them, their output is higher. As a result we deliver very good quality work to customers, which I can then reward in turn.” a time-serve basis, for example within the first month, that could work. A person following the full programme will achieve seven to eight full introductory unit standards as well as achieving time-served milestones. They will be recognised at each milestone, beginning with a one-month certificate. Some of the guys have nothing in the past from school.” • Discuss union business with its members; • Recruit new union members; • Provide union information to any employee on the premises; • Bargain with the employer for a collective agreement; • Deal with health and safety issues for its members; • Check that the employer is complying with the collective agreement; • Check that the employer is complying with employment law; • Help an employee with the terms of their individual Ben White, Director of Ace of Spades Contracting based in the Bay of Plenty, is also a supporter of the mentoring programme. His company has two staff going through it. “It’s a better way of learning, especially if you have experienced mentors in the crew. Our workers don’t like to be cooped up in a classroom where things go over their heads but out here in the forest, they can relate to it. It provides a point of difference.” He says their mentees are receptive to the information which includes safety and a knowledge of the bush. His company employs 16 people to do a variety of silviculture work and was set up two years ago by five directors who are good mates. “The company evolved from that friendship,” says Ben. “I love my job; being outside seeing the sunrise and sunset. It’s the crew you’re with that makes it; the culture is so great, and our people have bought into it. “Silviculture is never going to wind up. Trees will always need As well as the presentation of a certificate in front of their peers, their elements achieved are downloaded via App onto a smart-card which shows these credentials as a part of their record of learning. A QR code allows scanning and immediate access to credentials held. The mentoring programme is designed as a package that can run up to 36 months. The first three months have been trialled by the 10 crews. The trial results were assessed in late December and a report prepared for the Taskforce Council. Greg says he is happy with the trial outcomes. “The intent is now to ramp the programme up, engage more crews in 2022, and establish the training with funding from the education sector. “Mentoring depends on someone being prepared to address it and become a role model, rather than leaving a new entrant to their own devices. In many cases, they turn people around and provide a real service to the crew and the community.” employment agreement, if the employee has asked to be planted and they will always need to be cut down.” Troy Mason, Managing Director of KTM Silviculture based them to; and Recently I have joined the Council and with knowledge of in the Wairarapa, says the mentoring programme allowed the • Ask the employer to comply with any relevant Review of Vocational Education progressing through to 2023, this project and pilot is going to provide some valuable feedback their mentee to complete and pass three assessments in a day on the job – in communications, health and safety, and nutrition. requirements if non-compliance has been detected. into the Training Strategy for the Forestry Industry. Thus, we are “He is well on his way to getting his national certificate; that will be a huge reward for us. He is probably one of the strongest young fellows I’ve ever seen – a qualified builder and keen to keep you all informed across it as it has some alignment with the harvesting sector as well which will be complimentary to this specific silviculture mentor pilot. Entitlement of access a shearer. He has a good work ethic and is willing to learn. In order to be entitled to access a workplace, the union representative must: • Have a reasonable belief that either a member of the union works there, or that someone in the workplace carries out the type of work that is covered by the union. • Gain the employer’s consent, or implied consent (see below). • Request access at a reasonable time of day. • Access the workplace in a reasonable manner, considering normal business operations; • and comply with health, safety and security procedures.

Employer consent

However, the union representatives must get the employer’s consent before entering a workplace. This is subject to the fact that employers cannot unreasonably deny them access. If a union representative requests access to the workplace, the employer must communicate their decision as soon as reasonably practicable, and at least by the next working day. If the employer does not respond to the request within two working days, consent is deemed to be given.

Unreasonable withholding of consent

Employers must not unreasonably withhold consent to access a workplace. If they do withhold consent, then they must give the reason for doing so to the union representative, in writing, as soon as is reasonably practicable, and at least by the next working day after the decision was made. A penalty may be imposed on an employer for unreasonably withholding consent or failing to give reasons in writing for withholding consent.

Exemption certificates

Employers can provide reasons to deny access if they have an exemption certificate stating:

• It might prejudice national security or defence. • It might prejudice the investigation or detection of offences; or • Their religious beliefs effectively preclude membership of any organisation such as a union.

For the religious beliefs exemption to be valid, there must be no union members on site, and less than 20 employees. If an employer, without lawful excuse, refuses to allow a union representative to enter a workplace, or obstructs a union representative in entering a workplace, they may be liable to a penalty (imposed by the Employment Relations Authority).

Maintaining integrity around Health & Safety

It is important for all parties, and especially the union, to realise that taking one or more employees off their tasks could compromise the safety of the crew that is left to run the job – so with this in mind the contractor has to have some control on when and how this happens. It must be clear that the visit does not interfere with safe production or needing to either stop the whole crew or rotate people in and out of skill tasks. There must be acknowledgement of the need to maintain integrity around Health & Safety on site and escorting the visitors and it is important to note that the Registered office or workshop of the contractor is deemed as the worksite for Union visits, not the forest site. The object is to allow access to the Union to the contractor and his employees from a practicable sense and there is no advantage in having them on site. Union people would have at best limited knowledge of the day-to-day workings on a forestry site so there is little value for anyone to be in that situation.

Employee choice

Then, the final part of this discussion is that as an employee, they have the right to choose whether or not to become a union member. No-one (employers, managers, colleagues, union members or union officials) can threaten, or put (directly or indirectly) undue pressure on you: • to be or not to be a union member, or • to not act on behalf of other employees, or • to leave your job because you are or aren’t a union member.

Know your rights

There’s a lesson to be taken on by all parties here but the key to this article is that there is a right and a wrong way. It’s pretty clear when you read through the legal jargon of the regulatory acts and it comes down to knowing your rights and having access to the right information. Keep this stored away - you may need to reiterate your rights or provide others with the correct information, so everyone gets the same message, from the same sources and entities don’t take on another interpretation that can be seen to be biased.

Prue Younger, CEO

CEO, Forest Industry Contractors Association

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