Government must regulate to protect migrant workers on work visas from exploitation

Source: Council of Trade Unions – CTU

The NZ Council of Trade Unions Te Kauae Kaimahi is calling on Government to regulate greater protections for migrant workers including decoupling work visas from single employers, and for a comprehensive review into the policy settings of the Accredited Employer Work Visa (AEWV).

This follows the release of the review into Immigration New Zealand’s administration of the AEWV scheme, which found that the scheme did not work as intended and that INZ could have done more to minimise the risk of abuse. It found that “MBIE do not appear to have a methodology or approach through which they regularly are able to calibrate the extent or nature of migrant exploitation”.

“The Accredited Employer Work Visa scheme has enabled systemic and widespread exploitation of migrant workers in Aotearoa New Zealand,” said CTU President Richard Wagstaff.

“We have seen case after case of migrant workers having their human rights violated and being used as a source of cheap labour for unscrupulous employers.

“Work visas shouldn’t enable the exploitation of migrant workers. Government must ensure that migrant workers are protected. Decoupling work visas from single employers, and allowing them to work with work with other accredited firms would be a great place to start.

“There needs to be a wider review of the AEWV scheme that looks at the policy settings and the extent of the exploitation of migrant workers in those industries using the scheme, rather than just the administration of the scheme.

“Migrant workers must be afforded with the same fundamental rights and conditions as all workers in New Zealand and should be treated with the dignity and respect that they deserve,” said Wagstaff.

Border security at risk with plans to cut staff at Customs – E tū

Source: Etu Union

The Government’s plan to encourage workers at Customs to take voluntary redundancy puts at risk the vital work of the agency, facilitating a safe and smooth entry and exit through our border, supporting our exports, and keeping New Zealanders safe from organised crime and other threats.

The plans were revealed on Stuff this morning.

The Public Service Association Te Pūkenga Here Tikanga Mahi, Aotearoa and E tū, two unions representing Customs workers, say the plan simply doesn’t stack up.

“We don’t believe Customs can achieve sufficient savings through voluntary redundancies without impacting the critical services Customs provides to protect our land and sea borders,” said Duane Leo, National Secretary for the Public Service Association Te Pūkenga Here Tikanga Mahi, Aotearoa.

“This plan means Customs stands to lose valuable and experienced workers who are our first line of defence against those who threaten the safety and wellbeing of New Zealanders.

“These are people helping protect our air and sea borders from dangerous illicit drugs, organised criminal gangs, and who support our importers and exporters by facilitating trade, and smoothing the passage of New Zealand and overseas travellers.

“The PSA finds it surprising that a government that wants to get tough on crime, and gangs, is now hamstringing the key organisation keeping dangerous drugs from falling into the hands of gangs through this badly thought through cost cutting plan. It makes no sense.”

E tū Director, Savage, says the plan will impact people and businesses who rely on a strong and well-functioning Customs Service.

“We should be employing more customs officers, not fewer,” Savage says.

“Customs works very closely with the Ministry of Primary Industries, Immigration New Zealand, and the Defence Force to ensure safe and secure air and seaports. From everyday Kiwis travelling overseas to our exporting industries, we all need a robust Customs Service.

“The Government seems to fail to understand that if we are to prosper as a nation and keep New Zealanders safe, then critical services, like Customs, need to be strengthened. This is another example of the consequences of taking a blunt axe to public services. A sloppy solution to an ill-defined problem. It is really more about finding money to fund tax cuts for landlords and the highest income earners.”

Duane Leo says this is just one example of the extensive attacks the Government is launching against our public services.

“New Zealanders will pay a high price for this, and Customs is just the latest in what is becoming a long line of examples of services suffering through this incoherent cost cutting exercise.” 

Unsafe Serene Classic S2068 wall mounted bathroom heaters prohibited

Source: Worksafe New Zealand

We have published a prohibition for the sale (including an offer to sell), and use (including installation) of the Serene Classic S2068 wall mounted bathroom heaters, pursuant to Regulation 87 of the Electricity (Safety) Regulations 2010.

Read the Gazette Notice(external link)

Gazette notice correction of the serial numbers(external link)

Serene S2068 heaters manufactured in March 2021 have a manufacturing defect. There have been several fires and overheating events associated with these heaters.

There is a significant risk of people being seriously harmed and property being damaged from electricity going through these heaters.

The prohibited S2068 heater is described as:

  • Wall mounted fan heater with step-down thermostat with pull-cord on-off switch, for fixed-wired installation in bathrooms and similar locations
  • Mirror polished stainless steel metal shell with die cast grille
  • Dimensions: 300 mm wide, 210 mm high and 110 mm deep.
Serene S2068 heater
Serene S2068 heater label

The prohibited S2068 heaters have a serial number in the following ranges:

  • VH145173 – VH147003
  • VK154294 – VK160567
  • WF167045 – WF168874

We are actively engaging with known suppliers and known locations that have the heaters available or installed to stop selling or using the heaters.

We also want to inform consumers who may have this appliance in their home, and potential suppliers such as stores and tradespeople, of what they need to do.

Other Serene bathroom heaters

We are also aware of two other Serene bathroom heater models, the S2069 and S207T, that we recently had tested, and did not comply with required safety standards. We are actively considering what further action needs to be taken in respect of these products.

If you have a bathroom heater in your home

  • Check if your heater is a Serene model S2068 with a serial number in the range listed above. You will find this information on the top side of the unit when mounted on the wall.
  • If you have this heater, do not use it.
  • If it is installed in your property, get an electrical worker to make it safe by isolating it from the electrical supply, or contact your landlord to arrange this, and they can dispose of it safely.

Simon Gallagher, National Manager, Consumer Services at MBIE:

The Consumer Guarantees Act (CGA) guarantees that products must be of acceptable quality, including safe to use. Where a product is unsafe — or doesn’t meet mandatory product safety requirements — you have the right to a refund, repair, or replacement. MBIE suggests consumers who have this heater return it to the supplier they purchased it from to discuss the most appropriate remedy under the CGA.

More information on consumer rights on unsafe products | consumerprotection.govt.nz(external link)

If you are a supplier of heaters

The Serene model S2068 with a serial number in the range listed above cannot legally be sold.

We are working with MBIE to reach out to known suppliers.

Simon Gallagher, National Manager, Consumer Services at MBIE:

MBIE are aware of the issues found by WorkSafe with the Serene S2068 appliance and are working with WorkSafe and the retailers of the product to discuss what they can do to ensure the safety of their customers. As part of this work, MBIE are encouraging these retailers to undertake a voluntary recall.

Questions?

Contact us at info@energysafety.govt.nz or 0800 030 040

Rest in peace, Fa’anana Efeso Collins – E tū

Source: Etu Union

From E tū National Secretary Rachel Mackintosh:

E tū is deeply saddened by the passing of Fa’anana Efeso Collins. Our thoughts are with his family and his community as they come to terms with this shocking loss.

Efeso was a friend to E tū and the union movement. He was a Solidarity Member of E tū, and many of our members and staff got to know him well during the 2022 local election campaign, with many of his campaign activities hosted at our Auckland office.

He was a champion of the Living Wage during his time on Auckland Council. He took the time to really engage with our members, to hear their concerns, and to represent them as a community leader. Efeso spoke at our union’s most recent conference, sharing how his own experience shaped the politician he became, especially fighting for some of the most marginalised and vulnerable people in our communities.

Efeso’s work was an inspiring example of values-driven activism and leadership. We will honour his memory as we continue to fight for fairness and justice in our workplaces and wider communities. 

From the E tū Komiti Pasifika:

We send heartfelt condolences, prayers and alofa to Fia, Kaperiela, and Asalemo, after the tragic passing of le afioga Fa’anana Efeso Collins MPthis is great loss for their aiga, friends, colleagues, and the many communities in Auckland, all throughout Aotearoa New Zealand, the Pacific, and beyond. 

Fa’anana Efeso was a natural leader. He always fought for Pasifika workers, their families, and other marginalised groups. He was dedicated family man, community leader, and servant of God. He was honest and passionate, and an advocate on issues that many others overlooked, such as injustice for workers, racism, and discrimination. He inspired hope and promoted practical solutions for workers, helping them to rise up and demand fair treatment, justice, and equity in their workplaces. He walked the talk and was a strong supporter of just and secure workplaces where all would prosper, not just the few.

Fa’anana Efeso, your unique presence, charm, handsome smile, wit, intelligence, humour, kindness, compassion, and inspiring courage will be sorely missed. You will be fondly remembered as a genuine and true warrior for the people.

Fa’afetai tele lava mo lou Tautua. Ia Manuia lau malaga Fa’anana Efeso Collins, a great friend, brother and comrade of our union, E tū.

Ua fa’afetai
Ua fa’afetai
Ua malie mata e va’ai

Ua tasi lava oe
Ua tasi lava oe
I lo’u nei fa’amoemoe

Child poverty data shows Government must take action

Source: Council of Trade Unions – CTU

NZCTU President Richard Wagstaff is calling on the Government to take action on poverty and the cost of living, in response to new data released today showing an increase in child poverty rates.

The number of children living in poverty increased on all the measurements undertaken by Stats NZ, disproportionately impacting Māori, Pasifika and disabled children.

“It is intolerable that a further 23,000 children are now living without the essentials to ensure a good start in life. All families deserve to have incomes that enable them to live with dignity,” said Wagstaff.

“We are deeply concerned that the data is very likely to get even worse given the Government’s welfare changes will take money from families on the lowest incomes in the country, with their own analysis showing that the changes will put an additional 11,000 children into poverty.

“Unemployment is forecast to rise, and the Government has cut the minimum wage in real terms, ditched Fair Pay Agreements, and created further employment insecurity for young people by extending 90-day trials.

“Not only are the Government taking decisions that will lower incomes, but they are also making the cost-of-living worse by cutting free prescriptions.

“We are calling on the Government to advance policies that lift people’s incomes and ensure that everyone has enough to pay the bills, feed their kids and keep them warm through winter,” said Wagstaff.

NZCTU Statement on Fa’anānā Efeso Collins

Source: Council of Trade Unions – CTU

The union movement is sending its love and condolences to the family of Fa’anānā Efeso Collins, said NZCTU President, Richard Wagstaff, today.

“We are heartbroken for Efeso’s whānau, friends and community,” said Wagstaff.

“This news is devastating. Efeso was a leader who had so much more to give.

“Efeso was a lovely man. He was full of warmth, grace and passion for his people. “He was always a staunch supporter and advocate of unions.

He championed workers’ issues, from the Living Wage to Fair Pay Agreements.

“We will miss him dearly,” said Wagstaff.

Safety boost for Police speed camera operators

Source: Worksafe New Zealand

WorkSafe has accepted a binding commitment from the New Zealand Police to improve safety for speed camera operators, after one was critically injured in a high-speed collision on Auckland’s North Shore.

The operator was thrown from his parked van in August 2021, when it was struck by a car on the Upper Harbour Highway at Greenhithe. The car driver died, and the operator suffered life-changing injuries.

A WorkSafe investigation found that Police could have carried out a more effective risk assessment of locations where operators work from, and required them to park safely behind motorway barriers and/or use seatbelts.

In response to the incident, Police has now applied to WorkSafe with a comprehensive pledge to improve safety for its speed camera operators. WorkSafe has officially accepted the pledge, known as an enforceable undertaking, which includes:

  • Reparations to the injured operator
  • Delivery of an enhanced traffic camera operator induction and training package
  • Implementing a framework for managing critical risks and ways to control them
  • Creation of a dedicated critical risk team to embed the work programme
  • Presentation of lessons learned to the transport sector

“These activities will enable something positive to arise from serious harm. The aim is to bring about enduring health and safety change in a way that a fine through the courts may not have,” says WorkSafe’s deputy chief executive operations, Kane Patena.

The commitment is endorsed by both the injured operator and the Police Association, and will see a significant investment from Police towards worker and job safety.

As a result of the agreement, WorkSafe charges against Police have been discontinued meaning a trial due to start next month will no longer take place.

“WorkSafe will regularly monitor progress on the activities which have been agreed, and can resume prosecution if the commitment is not upheld,” says Kane Patena.

In 2025, NZTA will begin operating speed cameras through a contracted third-party provider, using a different operating model to that of Police. Police will provide information on lessons learned and improvements made to NZTA to help inform its operation of mobile cameras.

Read the enforceable undertaking decision document

Statement from New Zealand Police Deputy Commissioner Jevon McSkimming

Safety of the community and our people is at the heart of everything we do at New Zealand Police.

When one of our own is injured in the course of their duties, it’s felt deeply throughout the organisation.

Our Traffic Camera Operator (TCO) suffered serious harm, and we recognise the ongoing impact that has on his life, both personally and professionally.

While New Zealand Police continues to aid in his recovery, we know that is not enough – systematic change is required to ensure the safety of all 78 TCOs around the country.

This Enforceable Undertaking is an opportunity for us to further improve safe roadside policing.

More than a dozen changes to policy and processes are outlined in this binding agreement, from a health and safety review through to enhanced training for TCOs.

Some changes have already been made, including the establishment of a dedicated Critical Risk Programme team to embed the programme of work.

In 28 years of Mobile Speed Cameras, spanning hundreds of thousands of hours, this is the first incident of this nature. It’s important to note that this crash was a deliberate act by a member of the public who drove their vehicle at the Mobile Speed Camera van at considerable speed.

New Zealand Police has invested considerable internal resource and capability to undertake this rectification work and is committed to continuous safety improvement.

Statement from the injured traffic camera operator

I am pleased to see Police enter this agreement with WorkSafe. I hope it leads to long-term improvements, so nobody has to endure a repeat of what I’ve gone through.

When the collision happened, I was extremely smashed up. I spent the first few days in intensive care fighting for my life with a skull fracture and scalp lacerations, lung injuries, and fractures to my ribs and legs. With a total of three months in hospital, I was plain lucky to survive.

I still live with ongoing pain, and have difficulty walking long distances, but am able to swim and cycle.

Although I had 106 weeks off work, the goal I set myself was to return to being a traffic camera operator and did so in December 2022.

I am grateful to my wife and family for their support throughout my recovery – but also the Police for enabling me to return to work.

Media contacts

For WorkSafe: media@worksafe.govt.nz

For Police: media@police.govt.nz

Productivity Commission Report Shows Need for Income Insurance at Redundancy

Source: Council of Trade Unions – CTU

The Productivity Commission report released today on the impact that redundancy has on New Zealand workers shows the need for the protection that income insurance provides, said CTU President Richard Wagstaff.

The report, using a detailed study of Aotearoa New Zealand workers involuntarily laid off, shows only 50 per cent of displaced workers find new jobs immediately after layoff and only two-thirds find new jobs within six months.

“New Zealand workers are among those with the lowest levels of redundancy protection in the world, with protection levels just below those of Paraguay and Colombia,” said Wagstaff.

“The tripartite work to address this problem through an income insurance scheme was stopped by the new Government, despite rising unemployment and the likelihood of greater supply chain disruption in the future.

“As New Zealand deals with a challenging global economy, now should be the time to give workers more income and economic security – rather than less. Social Insurance would have given workers the security that is commonplace in successful economies overseas.

“The research also showed that the “earnings of workers who find new employment take almost three years to return to pre-layoff levels”. This backs previous findings from the OECD which showed that New Zealand workers faced a much higher wage scarring than workers elsewhere in the world.

“With the Government cancelling social insurance, bringing back 90-day trials, ending Fair Pay Agreements, and cutting the minimum wage and welfare in real terms, they seemed to determined to reduce security rather than increase it,” said Wagstaff.

New appointees to mining regulator

Source: Worksafe New Zealand

Five experienced industry figures have been selected to join the New Zealand Mining Board of Examiners.

WorkSafe has responsibility for setting competency standards in the extractives industry. The Board was established in response to the Royal Commission into the Pike River Coal Mine Tragedy. It advises WorkSafe on competencies, examines applicants, and issues and renews certificates of competence, among other functions.

The new appointees are Liz McKenzie, Andrew Weir, Andy Allen, Ed Ayre and Mathew Vandy. Fiona Bartier and Tim Kennedy have been reappointed, taking the full Board membership to 11 in total.

“All corners of the extractives sector are represented on the Board – we have representatives from the quarrying and mining industries alongside those with expertise in learning and development. There is a strong link to the industry’s training organisation, the Workforce Development Council,” says the Board’s chairperson, Paul Hunt.

“Above all, the Board members collectively bring a zest for getting health and safety right in the extractive sector. Improving the competence of the people in the industry is one of the most important aspects of improving health and safety performance,” says Paul Hunt.

Two inaugural members of the Board, Michelle Crompton and Steve Bell, are stepping down after more than a decade, having made significant contributions. Matt Mules and Garth Elliot have also stepped down, as has Dinghy Pattinson who has taken a new role as a WorkSafe inspector.

The Board of Examiners appointees begin their three-year terms this month.

Meet the NZ Mining Board of Examiners
 

Coalition Government’s failure to fund new Interislander ferries example of short-term thinking

Source: Council of Trade Unions – CTU

The decision to not fund the purchase of new Interislander ferries shows the Minister of Finance is out of her depth, said NZCTU President Richard Wagstaff.

“The failure to adequately fund the purchase of the new ferries is an example of this Government’s short-term thinking,” Wagstaff.

“The Minister of Finance is well out of her depth. What value for money is delivered by throwing away potentially hundreds of millions of dollars in penalties to pay for breaking the contract? What value do New Zealanders get from buying used ferries that will need to be remodelled anyway to work in New Zealand?

“This is classic short-term thinking – the very opposite of responsible economic management. Not only will this decision cost us right now, but it undermines the economic and social resilience of the country. We will bear the cost of this ineptitude for decades to come.

“The Interislander ferry fleet is in dire need of replacement. The ferries experience regular technical problems, disrupting plans for hundreds of thousands of New Zealanders, and interrupting the flow of $14 billion worth of freight every year.

“These new ferries would have upgraded our ability to move that freight via rail, a capacity that will be lost under Nationals new plan. It hurts our ability to deliver on our climate goals and reduces the resilience of our already strained transport network.

“The new ferries that the Government had ordered from Hyundai would have secured this crucial transport link for decades to come and increased the flow of goods and does so with a lower emissions profile. Instead of building Aotearoa up, It is telling that this Government places little value on the key connections between our island nation.

“This kind of infrastructure is essential if we are to modernise and grow the economy over the coming years. This Government has talked a lot about getting the economy back on track, yet it is axing a vital piece of infrastructure that would deliver this.

“The Government has claimed that the upgrade will cost too much. However, previous CTU’s analysis shows that, over the lifetime of the assets, the cost of upgrading the Interislander ferries is only around $11 per New Zealander a year. By contrast, the landlord tax cuts will cost Kiwis $139 each year,” said Wagstaff.