Submission on the Employment Relations Amendment Bill Introduction The government is proposing to make some significant changes to employment law. We know that staff’s conditions of work are students’ conditions of learning, so we need to have our say to make sure these changes work for our sector. A Select Committee of MPs is currently deliberating the proposed changes and whether any amendments to the law should be made. What they recommend will be influential in shaping the final law that gets passed. Further to the conference calls we had with branch presidents, council members and national committees last week below is a guide to help you with your submissions to the select committee. You can make a branch submission, or an individual submission. The important thing is that you have your say. Attached is a summary of all the changes being proposed, but below are those that are most important for TEU members. Many of these proposals will be opposed strongly so it’s really important we tell MPs why change is needed for the benefit of everyone working in New Zealand. You can comment on all or some of the proposals, as you see fit. The important thing is to say it in your own words. Submissions are due by 30 March. Click here if you want to use the online submission form or other ways to send your submission to the select committee: https://www.parliament.nz/en/pb/bills-and-laws/bills-proposedlaws/document/BILL_76257/employment-relations-amendment-bill When submitting, you will also need to say whether or not you want to be heard by the select committee. Telling your own story to MPs is a very powerful way of getting your message across. Please also make sure you send a copy of your submission to danny.stevens@teu.ac.nz 1) Rights for employees These modifications are roll-backs of the previous Government’s changes. •
Restriction of 90 day trial periods to employers with fewer than 20 employees: This roll-back of the 90 day trial does not go far enough. Job insecurity is something that can be experienced by all workers, regardless of the size of the business or organisation. Tell MPs that the 90 day trial period should be excluded from the Employment Relations Act altogether so that people working for small businesses have the same basic rights at work as all New Zealanders – you might have some examples of experiences of students or your own family.
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Restoration of statutory rest and meal breaks Time to rest and recuperate is a vital part of our working lives. We support these changes – tell MPs why using your own words.
2) Collective bargaining and union rights These modifications are roll-backs of the previous Government’s changes and we support them
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Removal of the MECA opt out where employers can refuse to bargain for a multi-employer collective agreement.
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Restoration of the 30 day rule where for the first 30 days new employees must be employed under terms consistent with the collective agreement. Tell MPs about the importance of people being employed on the terms and conditions of the collective in their first 30 days.
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Repeal of partial strike pay deductions – employers can currently deduct wages and salaries for low level strike action. Some employers have deducted pay for actions such as wearing t-shirts instead of uniforms. Protecting our right to have a say - whatever it may be - on our working conditions is really important. This is an opportunity to reiterate that staff’s conditions of work are students’ conditions of learning,
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Restoration of union access without prior employer consent.
3) New proposals in the Bill As well as rolling back some of the changes made by National, the new government is proposing to introduce some new provisions. •
A requirement for employers to provide reasonable paid time for union delegates to represent other workers We support this. Tell MPs about any examples of where this has been problematic for you or others in your workplace.
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A requirement for employers to pass on information about unions in the workplace to prospective employees along with a form for the employee to indicate whether they want to be a member. We support this because…………… you can talk here about the importance of talking with new employees especially when so little is known about unions these days.
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A requirement to include pay rates in collective agreements. The government wants to include pay rates in collective agreements. It is a step in the right direction but does not go far enough. Some of our CAs have ranges of rates and not salary scales. These don’t give any indication to workers of where they might sit on a scale or how they might progress on that scale. There should be steps in salary scales, such as those in most TEU collective agreements. Tell MPs you support the principle that pay rates must be included in CAs but these cannot just be ranges of rates. Again – say what your experience of this has been or why this is important. Don’t forget to say you want to be heard by the select committee
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