Category: Unions

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Maritime Union commemorates Merchant Navy Day 2024

Source: Maritime Union of New Zealand

The Union representing New Zealand seafarers is commemorating Merchant Navy Day, held internationally each year on 3 September.

Maritime Union of New Zealand National Secretary Carl Findlay says Merchant Navy Day holds profound significance for the Maritime Union “as we remember our seafaring members past and present.”

“In the great conflicts of the 20th Century, seafarers showed courage and resilience. Their work ensured the safe passage of essential supplies, troops, and equipment.”

Mr Findlay says global conflict continues to impact on the safety and wellbeing of seafarers in international waters.

He says as we reflect on the past, we must consider the challenges faced by modern-day seafarers. 

“As an island nation, Aotearoa New Zealand relies heavily on seafarers, and the vast majority of New Zealand’s goods continues to be carried by sea.”

Mr Findlay says the maritime industry has evolved, but the life of a seafarer remains demanding and fraught with difficulties. 

Long periods away from home, isolation, and the physical and mental toll of the job are just a few of the issues seafarers contend with. 

The COVID-19 pandemic had a major impact, with many international seafarers stranded at sea for extended periods, unable to return to their families. 

Mr Findlay says the Maritime Union of New Zealand is committed to advocating for seafarers’ rights, ensuring fair working conditions, and providing the support they need. 

The Maritime Union of New Zealand is affiliated to the International Transport Workers’ Federation, which represents over 1 million seafarers in over 200 seafarers’ unions across 106 countries.

MUNZ is also working for the future of New Zealand coastal shipping.

Mr Findlay says New Zealand faces a crisis in our seafaring workforce due to a shrinking number of New Zealand flagged and crewed vessels, an ageing workforce and lack of training opportunities.

“Today, as we pay tribute to our seafarers of the past and present, let us also advocate for a new generation of New Zealand seafarers.”

He says we must continue to work for a maritime industry that values and respects its workforce. 

“This means investing in training, ensuring safe working conditions, and rebuilding our New Zealand merchant fleet.”

Mr Findlay says the task today is to continue to represent New Zealand seafarers and campaign for a strong New Zealand merchant fleet, and to play our role in defending the rights of all seafarers who work in our waters.

The Merchant Navy in history: background

During the Second World War, thousands of New Zealand seafarers volunteered to serve in the Merchant Navy.

They sailed shipments of fuel, food and other essential supplies across the world, and delivered troops and military equipment where they were needed.

The work was important and extremely dangerous. 4,700 Allied merchant ships were sunk during the conflict, and 30,000 Allied merchant seamen lost their lives.

This included New Zealand ships like the Turakina and the Limerick, and at least 140 Kiwi merchant seafarers were killed with a similar number taken prisoner.

The Merchant Navy faced greater danger than any other group of New Zealand civilians. Their sacrifice and heroism will be remembered.

Maritime Union in history

The Maritime Union and its predecessors have the longest history of any union in New Zealand.

MUNZ was formed when the Waterfront Workers’ Union and New Zealand Seafarers’ Union joined together in 2002.

The first Seamen’s Union was formed in 1879 and it was a trans-Tasman Union with members in Australia and New Zealand. 

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Grounding of Manahau barge at Westport raises major questions

Source: Maritime Union of New Zealand

The Maritime Union says the grounding of the barge Manahau overnight near Westport raises major questions.

Maritime Union of New Zealand National Secretary Carl Findlay says concerns had been previously raised by New Zealand seafarers about the foreign crew and flag of the barge.

He says the cause of the grounding has yet to be confirmed, but the difficult local conditions at Westport including recent poor weather would be obvious issues to consider.

There had been no reports of injuries, which was fortunate as the West Coast was a notoriously treacherous maritime environment.

The 97.53-metre and 3706-GT self-powered barge Manahau had only just come into service in August 2024 carrying mineral sands out of shallow draught port Westport to Nelson.

Mr Findlay says the Manahau did not have a New Zealand crew and the flag state was Niue. 

“Vessels such as the Manahau operating in New Zealand’s unique and challenging maritime environment should be crewed by experienced New Zealand seafarers.”

The operators of the Manahau had benefited from Government funding for the vessel.

Mr Findlay says it had been extremely disappointing to see this substantial Government funding go towards a vessel operating in New Zealand waters that was neither New Zealand flagged nor crewed.

“In the last several years, we saw an upsurge in New Zealand crewed coastal shipping, but this is now going backwards with the loss of coastal shipping services, or in this case, failing to provide jobs for skilled local crews.” 

“New Zealand needs to build its coastal shipping capacity, and that means New Zealand owned, operated and crewed ships.”

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E tū National Media Delegates Committee statement on the use of AI in journalism – E tū

Source: Etu Union

E tū represents working journalists in Aotearoa New Zealand wanting a meaningful say over how generative artificial intelligence (AI) is used in the industry.  

AI can’t tell a fact from a lie. It can even create its own lie and amplify it. We accept AI is here, but media outlets must cooperate with their workers in how it is used and developed.    

  • Priority should always be given to real journalists and human sources in telling our stories.   
  • AI cannot replace the brain and integrity of a reporter, storyteller, producer, technician, or broadcaster doing what they’re great at. Media companies must respect the rights of content creators and their sources.  
  • Journalists should be at the forefront of understanding the opportunities and limitations of using AI in a way that supports newsrooms and public trust in the media.  
  • Māori journalists should be fully engaged in any development and use of AI to ensure Te Tiriti principles, te reo Maori and Māori representation in Aotearoa’s newsrooms are advanced.  
  • The languages from which AI learns include little Māori or indigenous content. AI tools typically generate content using a hegemonic lens which is unrepresentative of our diverse society.  
  • AI is good for some things but potentially disastrous for others. Commercial considerations for the development and deployment of AI must be balanced by the fundamental importance of truth and integrity in storytelling.  

E tū media members are seeking to develop sector-wide guidelines for the deployment of AI in New Zealand journalism.  

We will be asking key stakeholders to join a working group for this purpose and we believe the Government has a role to play in protecting journalism for the public good.  

This work is urgent in the face of AI being rolled out in ways that are already changing our stories.  

This is part of a worldwide push by journalists to have meaningful engagement over AI through the work of the International Journalists Federation, as illustrated by the Paris Charter developed by Reporters Without Borders, and initiatives of the Australian Media, Entertainment and Arts Alliance.  

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Historic win for drivers as Uber appeal dismissed – E tū

Source: Etu Union

Uber drivers are celebrating today as the Court of Appeal dismisses Uber’s appeal of the historic 2022 Employment Court verdict that found four drivers were misclassified as contractors by the international ridesharing company and were entitled to full employment protections in law like the right to sick leave and holiday pay, and the right to join a union.

In light of the decision, FIRST Union and E tū representatives are demanding that Workplace Relations and Safety Minister, Brooke van Velden, immediately drop her expedited plans to reform New Zealand’s contracting law and prevent workers from being able to challenge their misclassification as contractors in future through the Employment Court.

Of particular importance in today’s ruling, the Court of Appeal has applied what it considers to be a more accurate analysis of section 6 of the Employment Relations Act, and reached the same conclusion as the Employment Court in the original verdict. The Court of Appeal used the term “window dressing” to describe the terms provided to drivers by Uber in relation to their employment conditions.

For Nureddin Abdurahman, one of the four drivers who took the original court case, the decision is about hope.

“This is a win for all working people,” said Mr Abdurahman.

“The day of corporates like Uber exploiting NZ workers is coming to an end!

“I’m grateful to the legal system for identifying an injustice to the working class and examining it properly. I’m extremely happy – this will make a huge difference at a time where Uber drivers are still being mistreated by the company.

“Some drivers have no other options – this decision is all about hope and will help them in moving forward with the appropriate rights of permanent employees.

Mea’ole Keil, another of the original Uber drivers who took the case, said he was proud that drivers took a stand against exploitation.

“I’m ecstatic, over the moon, and very emotional. It’s a relief. It’s been a long journey, a long fight, and we want to thank the unions’ legal teams for keeping the faith in us,” said Mr Keil.

“I think that personally for drivers, it’s an affirmation that we were right – we were not contractors but employees. We hope our win here will help others who are in unfair working relationships with employers to stand up for themselves.

“For too long employers like Uber have exploited gaps in legislation to hide the true employment relationship and take advantage of workers unfairly – we had to take a stand and pray that the legal system would back us – it has.”

FIRST Union General Secretary, Dennis Maga, says the Court of Appeal’s verdict is heartening and motivating for the drivers and unions against a backdrop of anti-worker reforms under the National Government, and it is key for politicians to read and understand the significance of this court case and the dismissed appeal.

“This will change the landscape of employment in Aotearoa for the decades ahead of us,” said Mr Maga. “This decision will ensure more workers are in secure jobs and not prone to precarious and exploitative misclassification by companies like Uber.

“The majority of Uber drivers still do not earn minimum wage. This appeal and ruling now cements the fact that drivers have been misclassified as contractors and denied basic employment rights by Uber.

“We’ve already supported more than 1000 Uber drivers to file and seek wage and holiday pay arrears in the Employment Relations Authority, and FIRST Union has initiated collective bargaining with Uber already – this work can now progress after being effectively on hold for this ruling.”

Mr Maga said FIRST Union would now continue to progress backpay claims, encourage Uber drivers to join the union, and seek a Collective Agreement for Uber drivers in New Zealand.

Rachel Mackintosh, E tū National Secretary, said the decision shows clearly that Uber workers are indeed employees and are entitled to the rights and protections that cover all employees in Aotearoa New Zealand.

“The Uber model of employment is new, but the importance of workers’ rights is not. We have legislation to stop exploitative employers taking advantage of precarious workers, and the courts have not accepted Uber’s argument that they are somehow above the law,” said Ms Mackintosh.

“Today’s decision is a real cause for celebration, not just for the affected Uber workers but for the whole Aotearoa workforce, as it confirms what E tū and FIRST Union have long argued – fundamental workers’ rights are protected by law.

“This decision should be a warning to the Government as they consider tampering with employment laws to give vulnerable workers fewer protections. As new ways of working emerge, it’s crucial that our employment laws are there to protect working people, and not allow them to be exploited.”

Today’s ruling echoes other international courts in determining that Uber drivers are employees, not contractors or self-employed people, for example in the UK (2021) and the Netherlands (2019). These courts found that Uber effectively controls drivers’ hours and wages, and that drivers are an integral part of Uber’s business. As employees, Uber drivers are entitled to minimum wage, holiday pay, and other key workers’ rights.

TIMELINE OF EVENTS – UBER CASE

1. July 2021: Uber drivers file legal action

FIRST Union and E tū file legal action on behalf of four Uber drivers, arguing that drivers have been misclassified as contractors. The drivers argue that Uber exerts significant control over their work, including setting fares and managing driver performance, which supports their claim for employee status.

2. June 2022: Employment Court hears the case

The Employment Court hears arguments from both sides. Uber argues that drivers are independent contractors who choose their working hours and terms. The unions argue that Uber’s operational practices and control over the drivers’ work structure meet the criteria for employment.

3. October 2022: Employment Court verdict

The Employment Court rules that the four Uber drivers should be classified as employees, citing Uber’s control over the work environment and terms of employment. FIRST Union and E tū celebrate the ruling as having significant relevance to the broader misclassification of workers as contractors in Aotearoa.

4. June 2023: Uber files appeal

Uber files an appeal against the Employment Court’s decision, arguing that the classification of drivers as employees would negatively impact the company’s business model and flexibility. FIRST Union and E tū criticize Uber’s appeal, arguing that it seeks to undermine the progress made for workers’ rights and protections.

5. November 2023: National-led Coalition Government takes office

The new National-led coalition government begins its term, with potential implications for labour laws and gig economy regulations. The National Party and ACT coalition agreement contains a pledge to stop workers from being able to challenge their employment status in the Employment Court in future.

6. March 2024: Court of Appeal hears Uber’s appeal

The Court of Appeal hears Uber’s arguments that drivers should remain classified as contractors. Uber argues that drivers have significant control over their work and hours. The counsel for the drivers argues that Uber’s control over various aspects of the drivers’ work environment justifies employee status.

7. May 2024: Brooke van Velden meets with Uber

Brooke van Velden, Workplace Relations Minister meets with Uber on May Day while unions hold marches to protest the Government’s anti-worker policies. Unions raise concerns about political influence on the legal process and allege that the Government’s close relationship with Uber could undermine the legal process.

8. June 2024: Government expedites contractor law change plan

Brooke Van Velden instructs her officials to begin work on law changes that could prevent workers misclassified as contractors from challenging their employment status in the courts. FIRST Union confirms that the union has not been invited to submit on the proposed law changes under the expedited timeline.

9. (today) 26 August 2024: Court of Appeal ruling on Uber’s appeal

The Court of Appeal rules to dismiss Uber’s appeal of the Employment Court’s 2022 verdict.

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Minister must listen to Court’s Uber ruling and abandon contractor reform

Source: Council of Trade Unions – CTU

The NZCTU Te Kauae Kaimahi is celebrating the Court of Appeal ruling that Uber drivers were misclassified as contractors and is calling on Brooke van Velden to abandon her plans to block workers misclassified as contractors from testing their employment status in court.

The Court of Appeal’s has ruled that a worker’s status as either an independent contractor or an employee must be determined by the real nature and circumstances of the work and how the working relationship functions. Independent contractors are independent businesses, whereas workers perform work for their employer’s business.

“This is a tremendous victory for working people in Aotearoa New Zealand,” said NZCTU President Richard Wagstaff.

“The ruling proves why workers need access to justice, to challenge unscrupulous employers like Uber who are circumventing employment law by hiring people as contractors.

“Mislabelling genuine employees as independent contractors exposes workers to exploitation, denying them many of the basic protections and entitlements that are provided for employees, such as sick and annual leave, minimum wage, protection of hours and protection from unjustifiable dismissal.

“If Minister van Velden had her way, these Uber drivers wouldn’t have been able to even get their case heard in court. The implications of that are profound would undermine the very foundations of employment law.

“It would create a system that further incentivises companies to exploit the contractor loophole, undermining fair competition and eroding standard employment conditions across industries and the entire economy.

“The Minister must listen to the judgement of the Court of Appeal and recognise the rights of workers to have cases heard in the courts. There is now no excuse to pursue her unethical plans for contractor reform.

“The executive branch has a duty to uphold the rights of workers to test their employment status in court. Attempting to remove their ability to do so, because they don’t like the judicial branch’s decisions, would be an affront to constitutional norms in New Zealand.

“With the rise of the so-called “gig economy”, cases of workers being misclassified as contractors are more and more frequent. The Court of Appeal notes that whether a someone is an employee has “assumed increased importance in light of the growing fragmentation, casualisation, and globalisation of work and workforces in New Zealand”.

“Everyone deserves good work – work that is well-paid, safe and secure and has minimum rights and conditions. That means they need the legal protections afforded to employees,” said Wagstaff.

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Human rights review confirms widespread migrant worker exploitation

Source: Council of Trade Unions – CTU

The NZCTU Te Kauae Kaimahi is calling on the Government to take immediate action to end migrant worker exploitation in Aotearoa following the release of the Human Rights Commission review of the Accredited Employer Work Visa (AEWV) scheme.

“The report provides compelling evidence that workers are being exploited as a consequence of the AEWV policy settings, and that a few tweaks to the system won’t work – it requires a fundamental overhaul,” said NZCTU President Richard Wagstaff.

“Workers are currently losing pay, living in poverty, and sliding into an informal economy where they are exploited with little or no pay and long hours, and are being verbally and physically assaulted.  Workers have been repeatedly denied access to union representation and have failed to have their rights upheld.

“These policy settings are completely in the Governments hands – so it could end that exploitation if it chose to. The CTU is calling on the government to respond immediately to the findings of this report, meaningfully consult with migrant workers, community groups, and unions, and set out how it will implement the recommendations.

“The report repeatedly cites strong government and business relationships with unions as an effective means of supporting migrant workers and preventing their exploitation. Regulations must ensure that unions have rights to access workplaces to bring unjust practices to light.

“There must be proper resourcing for the parts of government responsible for labour rights, migrant exploitation, and prosecuting employers who don’t play by the rules.

“Concerns about the potential for human trafficking are confirmed in this review, and the need to implement modern slavery legislation. Unfortunately, we have a Prime Minister and Minister for Workplace Relations and Safety who have said modern slavery is “not a priority”.

“Every worker deserves to be treated with fairness and respect and has a right to a workplace that is free of exploitation and abuse. There is no place for migrant exploitation in a decent society,” said Wagstaff.

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Reserve Bank Forecasts a year of recession and higher unemployment

Source: Council of Trade Unions – CTU

The Reserve Bank is forecasting a year of recession and higher unemployment, which is bad news for workers, said CTU Economist Craig Renney.

“In cutting the Official Cash Rate by 0.25% to 5.25% today, the Reserve Bank cited a broad range of indicators suggesting the economy is contracting faster than anticipated. Business investment is due to fall for the next 18 months. Government spending falls for next 15 months, as does residential investment,” said Renney.

“There is a synchronised fall in demand across the economy. Its time to change track. Unemployment is now forecast to rise to 5.4% in June 2025. The previous forecast peak was 5.1% – nearly 10,000 additional people unemployed in just a short period of time. Given the rest of the data in this announcement, this might yet prove an optimistic estimate of where unemployment ends up. Average wages are forecast to rise in real terms by just 0.2% over the next year (instead of 1.7% in the year to June 2023). This is a really worrying set of forecasts.

“It’s now possible to see why the Bank chose to cut. But it looks like the damage has been done – and government policy is making this worse. Inflation is expected to be in the target band inside the next 6 weeks – but cuts to government investment continue for more than a year.

“It’s time to change track. While the fall in interest rates will be provide relief for some, there is a bleak future ahead for working people and the economy unless we change economic direction,” said Renney.

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Options to extend the school strike notification period in the Education and Training Act 2020

Source: Post Primary Teachers Association (PPTA)

Recently the Ministry of Education opened consultation on a proposal to extend the required notice period for strikes in schools, you can find information about the process here. PPTA has made a submission recommending that any change be consistent with requirements for other essential services under the Employment Relations Act to be “no less than 3 days”.

In our submission, we have emphasised that:

  • Our priority is always to avoid industrial action.
  • The Ministry of Education plays a significant role in the breakdown of negotiations and improvements in the approach to negotiations would limit the need to take industrial action.
  • Current practice is already to give more than the three days formal notice required.

You can read our full submission here and if you are a parent or whānau member of a school-aged child/young person we encourage you to submit personally in your capacity as a parent who supports teachers’ rights. Please feel free to pass this info onto family members and friends.

Submissions close on 6th September

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First Security prison escort and court custodial officers begin industrial action – E tū

Source: Etu Union

E tū members at First Security who work as prison escort and court custodial officers began industrial action yesterday, after the company’s refusal to improve an inadequate offer.

Prison escorts and court custodial officers (PECCs) are responsible for transporting and supervising prisoners between prisons, courts, hospitals, and other locations. They also provide security and custodial services at courts, ensuring the safety of judges, staff, witnesses, and the public.

First Security is offering a pay rise to $30 for the base rate, which is still lower than what other agencies pay, and are refusing the members’ reasonable claims for improvements to sick leave, annual leave, and overtime payments.

The first step of their industrial action is an overtime ban, meaning workers will only do their minimum required hours and not accept further work. As workers do more than 10 hours a day on average, this is expected to have a significant impact on their operations.

Three E tū delegates have said why they’re taking action.

“Our staff are undervalued. All we want is decent conditions and pay, and to be treated fairly,” says Tai Henry.

“We know our job conditions are worse than at other agencies where people are doing similar work to us. But we get worse pay and longer hours. It’s not right. It’s not fair.”

Delegate Tarras Andrews shares the sentiment.

“We’re frustrated. All we’re asking is to have parity with other workers in this industry and come close to the same level,” Tarras says.

Delegate Piilua Sio says the company isn’t giving the workers the respect they deserve.

“First Security is slapping us in the face and not taking us seriously,” Piilua says.

E tū Director Georgie Dansey says First Security needs to step up and value their workers properly.

“The workers at First Security working in prison escort and court custodial services do a very important and skilled job. They work long hours and deserve adequate pay and conditions for the work they do.

“Our members at First Security are frustrated that workers employed elsewhere, doing the same job, have better pay and conditions than they do. We are asking for a decent pay offer, as well as adequate overtime rates that reflect conditions that other workers in the industry have.

“Our members are disappointed at the recent offer which undervalues their work and the value they bring to First Security. Although reluctant to take industrial action, it is a necessary step to ensure that workers in the industry are supported by their employer to do their job.”

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Unemployment increase demands a plan from Government

Source: Council of Trade Unions – CTU

New data shows the unemployment rate accelerating to 4.6%, and worrying labour market trends that should spur the Government into action, according to the NZCTU Te Kauae Kaimahi.

“Unemployment is now growing across the labour force. There are now 30,000 more people unemployed than a year ago, and communities already facing labour market challenges are bearing the brunt of the impact,” said NZCTU Economist Craig Renney. 

“Young people aged between 15 to 24 accounted for around half the increase. Māori unemployment increased by 2% to 9.1% last year, and Pacific unemployment increased by 2% to 8.3%.

“New Zealand has gone from having an unemployment rate among the very best in the world, to now having a higher rate than the UK (4.3%), Australia (4%), the US (4%), and Ireland (4.3%). We are now ranked 18th in the OECD.

“Wages are also going backwards. Nearly one in two Kiwis (45%) saw a pay rise lower than inflation. Average ordinary time wages rose by the same rate as inflation last year – meaning workers aren’t getting ahead.

“The Government should be taking urgent action to get ahead of what could become a much deeper crisis. GDP is likely to fall again. Work in sectors like construction is falling away. Planned cuts to infrastructure and other spending by government will make that grim situation worse. There is an urgent need for an economic plan to tackle these issues,” said Renney.

“Rising unemployment means more and more families struggling just to put food on the table, keep a roof over their heads, and pay the bills,” said NZCTU President Richard Wagstaff.

“This Government is out of touch with the realities of working people. They have no plan to keep people in work and are making life harder for unemployed people by attacking their right to access benefits.

“They also scrapped plans to introduce the social insurance scheme, which would have meant that people who lost their jobs would have a guaranteed income to tide them over as they searched for a new job.

“Everybody deserves good work, work that is secure and pays well, and enables people to support their families. Government needs to step up with a plan to keep New Zealanders in work, and to support those who lose their jobs during these difficult times,” said Wagstaff.