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03 March 2011
Union Access Bill Submissions
Fill in this form to make a submission to Parliament.
Please note: If you have previously filled in a form on our website this form may auto-fill. Please make sure your information is sitting in the right boxes.
Organisation name (if you have one):
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Please read the following statement carefully, and tick the box underneath if you agree.
To the members of the Transport and Industrial Relations Selection
Committee:
I am opposed to the Employment Relations Amendment Bill No.
2, and in particular Clauses 6-9 of that Bill.
These clauses would:
-Create barriers to stop employees from having contact with a
union when they want to
-Allow employers greater scope to interfere with and disrupt
collective bargaining negotiations by bypassing elected union
representatives and communicating directly with employees
1. The current legislation works well. There is no need to
amend the Act. The proposed law change requiring the
employer’s permission before union staff can go into
workplaces suggests that there have been problems with
current legislation. However, according to the Department
of Labour, since 2000 when unions were given right of access
to workplaces, there there have been only eight cases of
problems with workers meeting with their union. In every
case it was the employer who was being unreasonable, not
the unions. There have been no complaints caused by unions
visiting workplaces.
2. The Bill removes my basic democratic right at work to
meet with my union. The proposed law raises the possibility
that unfair employers will create difficulties for their
employees when they want swift access to advice or support.
It may make it more difficult for people to join unions, and
for employees to gain support and skills to negotiate fair
terms and conditions or to implement better health and safety
practices.
3. The Bill could result in employers applying pressure to
me or other employees to accept unfair pay and working
conditions. By belonging to a union, I have appointed them
as my bargaining agent because I know they have the
expertise to collate and co-ordinate the views of myself and
my colleagues, and to represent us effectively. Employers
already take the opportunity to publicly express their views
about bargaining on websites, in the media and to the public.
However, it is neither fair nor efficient to short-cut the collective
bargaining process by allowing employers to directly pressure
employees to accept unreasonable offers - or to undermine
the collective decision of employees on whether or not to
accept such offers. This clause will simply result in expensive
legal wrangling over whether particular communications are
consistent with good faith bargaining.
4. The proposed clauses undermine the Bill's stated intentions
of offering "more flexibility, greater choice, and ensur[ing] a
balance of fairness" by reducing employees rights to freely
access their union. The Bill states that "It is also intended
that by assisting employment relationship problems to be
resolved more quickly the negative impact of these problems
on workplace productivity will be reduced." In fact these clauses
undermine good faith relationships and the work that union
staff do to help employers prevent, address and solve workplace
problems. They may lead to a worsening of workplace grievances.
I agree with this statement.
Please input your own comments (if any) here:
You can request to appear before the committee. Submissions are usually heard in public and are held in Wellington or in other main centres.
I would like to appear before the committee.
I would like to request a hearing outside of Wellington so that I can attend.
Thank you very much. We will pass your submission on to Parliament.
Please click 'Send' to submit.