Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - New Zealand (Ratification: 1952)

The Committee takes note of the Government’s report and the comments sent by the employers’ organization "Business New Zealand". It also notes the discussion that took place in the Application of Standards Committee at the 86th Session of the International Labour Conference, June 1998.

The Committee notes that the applicable regulations on minimum wage fixing procedures are general in scope and apply to all sectors of the economy, including agriculture. In its report, the Government reproduces in substance the information given in the report on Convention No. 26. Regarding agriculture, it points out that under the Employment Relations Act, 2000, which establishes leave for training in employment relations, Agriculture New Zealand has provided training courses on employment relations funded from the ERE Contestable Fund. The Government also indicates that other organizations have been funded to provide this training to rural employers and employees.

Referring to the observations under Convention No. 26, the Committee recalls that, according to previous comments from the New Zealand Council of Trade Unions (NZCTU), studies conducted by the Government show that breaches of the provisions on minimum wages are common in agriculture.

Article 4 of the Convention and Part III of the report form. While noting the specific characteristics of labour in the agricultural sector, the Committee recalls that, under the Convention, states which ratify it must make such provision for supervision, inspection and sanctions as may be necessary and appropriate to conditions in the agricultural sector. The Committee therefore requests the Government once again to provide detailed information on the conditions in which the Convention is applied in the agricultural sector and, more particularly, to provide available statistics of the numbers and categories of workers employed in this sector and covered by the minimum wage regulations, together with the results of inspections carried out in the agricultural sector, the number of infringements recorded and the penalties imposed.