Government again ignores advice to attack protections for workers – 90-day trials extended

Source: Council of Trade Unions – CTU

All new workers will soon to be vulnerable to being fired at will with no reason following the Government’s reckless haste to pass under urgency an extension to 90 day trials to all businesses.

The Employment Relations (Trial Periods) Amendment Bill is poised to be passed today without the possibility of select committee scrutiny and in the face of clear evidence from officials that the trials have no economic benefit.   

“Fundamental protections for workers are again being removed with indecent haste by a Government whose values are clear to all,” said Council of Trade Unions President Richard Wagstaff.

“The right to fire at will and without reason was limited to businesses employing fewer than 20 workers, but now all new workers will be vulnerable to exploitation.

“This Government promised evidence-based policy, but again this is just bluster given Treasury showed in 2017 the 90-day trial policy did not work,”

Treasury commissioned Motu which found ‘no evidence that the ability to use trial periods significantly increases firms’ overall hiring’.  It also said there was ‘no evidence that the policy increased the probability that a new hire by a firm was a disadvantaged jobseeker for a range of definitions of disadvantaged jobseeker: beneficiaries, jobseeker beneficiaries, non-workers, recent migrants, youths under 25 years old, Māori or Pasifika under 25 years old, or education leavers. This result holds both over the economy as a whole, and in the high-use industries’.

Richard Wagstaff said; “What we do know is that the policy leads to job insecurity for new workers, who for their first three months of work know they can be fired for any reason (or none at all) and with no explanation.

“This flies in the face of basic natural justice and leaves new workers especially vulnerable and in a very weak position to challenge their employers every whim, without risking their job.

“This Government is making a habit of this. Just last week it ignored advice from officials that axing Fair Pay Agreements deprived women, Māori, Pasifika and the disabled hundreds of millions of dollars in potential pay rises. It is again letting flawed free market ideology dictate policy.

“There’s simply no gain – only pain in trial periods. It is just a political payoff to the business lobby that is allergic to workers’ rights and collective bargaining and now has the ear of the Government.

“Removing basic legal rights should be an anathema in a modern democratic society and can’t be justified by serving business interests by making it cheaper and easier to fire workers.

“Together with the rollback of Fair Pay Agreements, and risks to reforms to contracting, there is a compelling case that this reform is simply designed to create a more insecure, compliant, and less well-organised workforce,” said Richard Wagstaff.

Minimum wage decision early test for new Government

Source: Council of Trade Unions – CTU

The Government is due to decide how much it will increase the minimum wage at Cabinet today.

“Today’s decision by Cabinet on how much it will increase the minimum wage will be another early test for this Government, providing another telling insight into the importance it places on supporting working kiwis,” said Richard Wagstaff, NZCTU President.

“Ahead of the election, the coalition parties were all over the place on this issue – ACT was against any increases and National was muted.

“We know that the numbers of Māori, women, Pacific Peoples, disabled and other disadvantaged groups are over-represented among minimum wage earners. An increase to the rate makes a real difference to people on the poverty line.

“These are also the very people doing it tough in a cost of living crisis and this Government has made it a priority to support people through these challenging times.

“In the absence of FPAs, large scale collective bargaining, the minimum wage is assuming greater and greater importance over time, as more and more Kiwis are employed on it.”

The previous government consistently increased the minimum wage, bringing it up from $15.75 in 2017 to $22.70 in 2023, a 44% increase overall.

In 2023, a full-time minimum wage earner is getting $278 more before tax than they were in 2017.

Treasury and the Reserve Bank are projecting that inflation will be 4.3% for the year ending 31 March 2024. This means the minimum wage needs to increase to at least $23.67 to ensure that minimum wage earners do not take a pay cut in real terms.

“We urge the Government to have a heart and do the right thing by those earning the least and maintain the momentum of the last few years – now more than ever that should be a priority,” said Richard Wagstaff.  

Cutting ferry investment to subsidise property speculators is economic sabotage

Source: Council of Trade Unions – CTU

New analysis from the CTU shows the cost of the Government’s tax cuts for landlords will be many times more than the investment required for the much-needed Cook Strait ferry upgrade.

This shows the Government making a clear choice to back unproductive investment in property over investment in critical infrastructure that would help grow our economy and support business, says CTU Economist Craig Renney.

“National says the Inter-island Resilient Connection project is too expensive, but our analysis shows that, over the lifetime of the assets, the cost is only around $11 per New Zealander a year in today’s dollars. Contrast that to the landlord tax cuts, which would cost $139 per Kiwi each year. Landlord tax cuts are more than 12 times the cost of the Interislander project.

“This Government was elected with the slogan ‘get our country back on track’ – yet one of its first acts is to derail a vital transport link between the North and South islands, which carries $14bn of freight and 850,000 people each year.

MUNZ National Secretary Craig Harrison says “The upgrade of the Cook Strait ferries is not an option for New Zealand, it has to be done. The regular technical problems experienced by the ferries are a result of using end-of-life vessels in a challenging maritime environment.

“The failure to modernise this essential infrastructure leaves New Zealand exposed to further delays, service outages, expense for industry, and serious safety issues for crew and passengers. The Government’s decision sets back New Zealand’s transport resilience and will set New Zealand back.”

RMTU General Secretary Todd Valster says “The Government has stated they want KiwiRail to provide a safe and resilient service but that conflicts with aging ferries due for replacement. KiwiRail has had rail-enabled ferries since 1962. Ferries that are rail enabled allow rail freight to be moved without freight having to come off rail wagons to travel the Cook Strait. Rail-enabled ferries are safer and more efficient to load and unload. The proposed new ferries would have produced 40% fewer emissions, and the hull is designed to have a lower impact on the marine environment”.

Craig Renney says “This is a government that claims it is economically responsible while it guts New Zealand’s freight capacity and spends billions on unproductive tax cuts for property speculators. For the future prosperity of our nation, New Zealanders need to be able to move themselves and their goods around the country in ways that get easier over time, not harder. The Government should urgently reverse this mistaken decision at the mini-Budget this week.


CTU analysis

We have modelled the costs associated with the $3bn programme over a 50-year average life of the assets, using a 4% interest rate which is above the long-run average for long-term New Zealand Government bonds. This conservative analysis makes no assessment of the likely economic benefits of more regular, safe, and reliable crossings, which is likely to be in the range of many billions in the period. Nor does it make any assessment of the cost of leasing the replacement smaller ferries over the same period, which again is likely to be in the low billions.

This assessment also makes no analysis of the environmental costs of taking freight off rail, the extra roading costs associated with more trucking, nor the continuing use of less efficient ferries that produce higher emissions. All of which are likely to be very significant.

We have also examined the cost of restoring interest deductions for landlords over the same period. We have not assumed any new landlords or any new growth in the rental market, simply that the cost of the policy rises with inflation. This is very likely to be an underestimate of the real cost of the tax cuts.

We used the base case population forecasts from Statistics New Zealand.

Nominally, the Inter-island Resilient Connection would cost on average $19.55 per person, per year over its lifetime. Adjusting for inflation over the fifty-year period, this would fall to an average $11.12 per person, per year in 2025 dollars. The landlord tax cut costs an average of $232 per person, per year before inflation adjustment. After adjustment, each New Zealander would be paying $139 per person, per year in 2025 dollars.

Restaurant owners who exploited migrant workers must pay over $420,000

Source: Employment New Zealand

The exploitation of the 7 migrant workers, who were of Indian descent, took place between December 2017 and December 2018.

Employment Court Judge JC Holden also ordered Ajay Sharma and Kavita Sharma, who previously owned Prisha’s Royal Cambridge Indian Restaurant in Cambridge and Roquette Restaurant and Bar in Whakatāne, to pay costs of $78,429, taking the total they must pay to more than $420,000.

She said the Sharmas showed little remorse for the compliance breaches and produced falsified documents to justify some of their behaviour.

Head of Compliance and Enforcement, Labour Inspectorate, Simon Humphries, believed it was appropriate that the owners of the 2 restaurants had been made to pay significant compensation to the workers they had exploited, as well as pay the wage arrears they owed.

“At the heart of this offending are vulnerable workers who have simply been exploited and denied basic minimum employment standards. As a result, they suffered considerable distress,” said Simon Humphries.

“Exploitation of workers is unacceptable. This was deliberate and systemic offending across 2 businesses. The penalties awarded demonstrates the serious nature of this offending and sends a very clear message to businesses who exploit vulnerable workers for their own financial gain. The consequences of such actions could be severe so it’s not worth the risk.”

In her determination, Judge Holden said the employees all gave credible evidence of the stress they felt working for the defendants. “Some employees spoke of feeling caged or like a slave,” she said.

“Those employees were isolated from family; several were young and most were visa-dependant. The inherent inequality of power in the employment relationship helped make the breaches possible,” Judge Holden said.

Simon Humphries said the Labour Inspectorate will continue to vigorously monitor potential migrant worker exploitation and enforce compliance when necessary. “We are pleased we were able to help these workers and bring an end to the gross exploitation they suffered.”

The Labour Inspectorate was also successful in obtaining a Freezing Order against the defendants, allowing the Labour Inspectorate to secure funds from the defendants to pay the arrears and compensation costs in full to the employees.  

The Labour Inspectorate encourages anyone concerned about their employment situation or the situation of someone they know to phone MBIE’s service centre on 0800 20 90 20 where all concerns are handled in a safe environment.

Child struck by teen forklift driver

Source: Worksafe New Zealand

WorkSafe is cautioning that worksites are not the place for childcare, in response to the case of a five-year-old being run over in a forklift incident at a Hawke’s Bay orchard.

When childcare fell through, the boy was taken to the orchard in January 2022 by his grandparents who worked there. He was told to stay inside the packhouse on a couch. Unfortunately, he wandered from that spot and into the path of a reversing forklift being driven by a 14-year-old worker.

The victim survived but suffered significant complex fractures to his hip bones and was hospitalised for a month. The orchard owner has now been sentenced for health and safety failures.

A WorkSafe investigation found the victim was under limited supervision as the caregivers were busy working. The forklift was poorly maintained with no basic safety features like reversing lights, mirrors, flashing lights, or a horn. The driver was underage, and the site had no written traffic management plan for forklift use.

“Naturally children want to explore, try new things, and push boundaries. As we head into the holiday season, this case is a reminder that children are always at risk on worksites and should not have been present,” says WorkSafe’s area investigation manager, Paul Budd.

It was common for the young driver to be behind the wheel, and the owner had not done enough to establish his age. Businesses must remember that workers under 15 are not allowed to drive vehicles on worksites.

Risk management by the business was verbal and informal because of language barriers.

“It’s not good enough to say that your risk management is verbal because employees cannot always read English. Translating your safety information for workers, if necessary, goes a long way to keeping them safe.”

“Better traffic management would also have made a big difference to safety. This could have included exclusion zones to separate vehicles from people, the use of barriers when operating the forklift, clear signage, and separate entry and exit points for people and vehicles,” says Paul Budd.

Children are now prohibited from the orchard during operating hours, and the victim has made a full recovery.

Read more about young people in the workplace

Background

  • Kylie and Simon Halford Partnership was sentenced at Hastings District Court on 14 December 2023.
  • A fine of $7,000 was imposed, and reparations of $25,000 ordered
  • Kylie and Simon Halford Partnership was charged under sections 36(2), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015:
    • Being a PCBU having a duty to ensure, so far as is reasonably practicable, that the health and safety of other persons, namely children at the orchard packing warehouse, is not put at risk from work carried out as part of the conduct of the business or undertaking, namely orcharding, failed to comply with that duty, and that failure exposed other persons to a risk of death or serious injury.
  • The maximum penalty is a fine not exceeding $1.5 million.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

GDP numbers provide reasons for investment, not cuts

Source: Council of Trade Unions – CTU

GDP numbers provided by Stats NZ today demonstrated that the size of the economy fell by 0.3% in September 2023.

NZCTU Economist Craig Renney said “this data is much weaker than had been expected by commentators, and should give decision-makers food for thought. If growth is weakening, additional interest rate increases should be even further from consideration. The coalition Government should also be making sure that it has support for workers and communities ready should unemployment rise quickly as well.

“This data shows worrying signs that important parts of the economy have stalled. Manufacturing (-3.4%), mining (-1.8%), food production (-2.4%), construction (-1.7%), and transportation (-4.5%) all saw significant falls in output this quarter. Goods-producing industries saw their output fall 2.6%.” GDP per capita fell 0.9% in September, demonstrating that GDP figures may have been worse were it not for the impact of population growth.

“Now is not the time for tax cuts that will simply stoke house prices in the housing market and add little value to the real economy. Instead, government can act to counterbalance the impact of this downturn through investment in tackling our chronic infrastructure gap. That would not only have the benefit of making New Zealand a better place to live, it would also support future economic growth.

“GDP data shows weakness in both the consumer pockets, with household spending being down 0.6%. In particular, spending on durable goods (like household appliances) fell by 3.2%.

“This is indicative of households feeling worried about the future, particularly about their employment security. The government should be showing how it is going to support economic demand over the next few months, rather than taking it away through cuts and removing employment protections.”

Government ‘off to horrific start’ says unions

Source: Council of Trade Unions – CTU

The New Zealand Council of Trade Unions says a dark cloud has descended on New Zealand as the Fair Pay Agreement legislation begun to be repealed under urgency.

NZCTU President Richard Wagstaff said the move is going to hurt hundreds of thousands of New Zealand’s most vulnerable workers.

“Not only will repealing FPAs hurt workers, but it could also violate our obligations under our trade agreements with other countries.”

Yesterday, the NZCTU hosted a day of action against the move, presenting the ‘Keep Fair Pay Agreements’ petition that has gathered nearly 15,000 signatures to MPs from the Labour and Green Parties.

The NZCTU also hosted a ‘Stand Up for Fair Pay’ event at Parliament, with working people and union leaders from across the country.

Wagstaff said Fair Pay Agreements represented the biggest step forward for workers in a generation.

“We are not going to sit on our hands while the Government takes this away. It is very disappointing that they continued to ignore advice from its own officials around Fair Pay Agreements.

“The most vulnerable parts of our workforce – women, Māori, Pasifika, and disabled workers are going to be disproportionately impacted by this move.

Wagstaff said the NZCTU action was followed by the ‘Our Future – Up In Smoke’ rally organised by the Association of Salaried Medical Specialists.

 “This Government is off to a horrific start. Every policy they have up for repeal will do untold damage to marginalised Kiwis. We deserve better.”

New report: Gentailer dividends a barrier to energy decarbonisation and lower energy prices

Source: Council of Trade Unions – CTU

Private control of the electricity industry will significantly raise the cost of NZ’s recent commitment to triple renewable power generation by 2050, according to a new report co-authored by FIRST Union, the NZCTU and 350 Aotearoa.

The report, which updates last year’s Generating Scarcity report, argues that for every dollar the four gentailers invest in new renewable capacity, $2.41 is paid out to shareholders in dividends.

“We now have a decade of data to show us the impact of privatisation on the electricity industry.

“Despite earning $7.6 billion in net profit after tax, the industry has paid out $10.8 billion to shareholders – including excess dividends of $4.2 billion – over the decade. During this time, national generating capacity has increased by only one percent”, said FIRST Union Researcher and Policy Analyst Edward Miller.

“The Key Government’s decision to partially privatise Genesis, Mercury and Meridian has put shareholders ahead of people and planet. In 2023 alone, gentailers distributed dividends of $1.1 billion off only $521 million in net profit after tax, an excess dividend of $638 million,” said Miller.

CTU Economist and Policy Director Craig Renney said it is notable that this report follows the release of a government-commissioned report on energy hardship that suggested that 110,000 households could not afford to keep their homes adequately warm.”

“Our report suggests that consumers, including low-income households – are providing a windfall to energy company shareholders. We support the commitment to triple renewable energy production, but we need a policy framework to ensure these costs aren’t pushed onto working people while shareholders continue to make record profits”, said Renney.

Executive Director of 350 Aotearoa Alva Feldmeier says “By choosing to prioritise dividends, the gentailers have largely delayed action to lower carbon emissions, lower bills for households and support greater energy freedom. Government coffers have been filling up from gentailer dividends, earned by keeping power prices high and fossil fuels on life support. It’s climate hypocrisy, plain and simple.”

“We’ve been trapped in a toxic cycle whereby gentailers have a perverse incentive to keep fossil fuels in the grid which hikes power prices, enables them to make record profits, and distribute excess dividends which slows the development of new renewables. We will not see an end to this unless the incoming Government sets the right levers and uses its power as a majority shareholder in the electricity generation market,” said Feldmeier.

“There is large interest among communities in Aotearoa to contribute in meaningful ways to climate change mitigation. 350 Aotearoa calls for expanding public participation in the renewable energy transition and the broader functioning of the energy sector,” expands Feldmeier.

Falling beam crushed worker

Source: Worksafe New Zealand

The death of a 21-year-old in the construction sector shows how easily stopgap measures can endanger workers, WorkSafe New Zealand says.

Aidan Paszczuk was removing steel beams when one fell and killed him at a Newmarket construction site in October 2021. 

A WorkSafe investigation found that workers devised an ad-hoc way to get the job done when their original method could no longer be used. Unfortunately, they did not have access to safety-critical information about the security of the 500-kilogram beam. When Mr Paszczuk stood on a stack of five wooden forklift pallets to use an angle grinder, the beam fell on him.

The employer Grouting Services Limited (GSL) should have carried out an effective risk assessment to protect workers, and has now been sentenced for its health and safety failures.

“When there is no obvious safe way to work its best to stop, reassess, and involve experts to develop a new approach – rather than attempting to adapt things on the fly,” says WorkSafe’s area investigation manager, Danielle Henry.

“Not stopping for a short amount of time to come up with an alternative safer method cost a family their loved one, and affected productivity on a major construction worksite for days and weeks afterwards. Getting workers home healthy and safe must always be the top priority, especially on fast-moving and dynamic construction sites.”

A separate WorkSafe prosecution against CLL Service and Solutions Limited involved a crane toppling at the same busy Newmarket construction site a year prior to the death of Aidan Paszczuk.

“Sadly, the crane incident was not heeded as the site safety warning that it could have been. The risk of serious harm and death in the construction sector is well known, and WorkSafe is committed to ensuring businesses uphold their responsibilities for worker health and safety,” says Danielle Henry.

Read more from WorkSafe on construction safety

Background

  • Grouting Services Limited was sentenced at Auckland District Court on 12 December 2023.
  • A fine of $180,000 was imposed, and reparations of $110,000 ordered
  • Grouting Services Limited was charged under sections 36(1)(a), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
    • Being a PCBU having a duty to ensure, so far as was reasonably practicable, the health and safety of workers who work for the PCBU, while at work in the business or undertaking, namely deconstructing waler beams, did fail to comply with that duty and that failure exposed workers to a risk of death or serious injury arising from a falling waler beam.
  • The maximum penalty is a fine not exceeding $1.5 million.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Energy Safety Business Update – December 2023

Source: Worksafe New Zealand

Our December energy safety business update.

This issue includes:

  • safety update – unsafe socket outlet with insulation piercing construction
  • updated WorkSafe guide – new rules for the supply of declared articles in New Zealand
  • important information about overhead power lines supplying electricity within your property
  • reminder on the safe use of lithium-ion batteries.

Read the full issue(external link)