Effect given to the recommendations of the committee and the Governing Body - Report No 311, November 1998

Case No 1698 (New Zealand) - Complaint date: 08-FEB-93 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 66. When it last examined this case at its March 1998 meeting, the Committee again recalled that provisions that prohibit strikes concerning whether a collective employment contract will bind more than one employer, are contrary to the principles of freedom of association on the right to strike. Therefore, the Committee again requested the Government to amend section 63(e) of the Employment Contracts Act (ECA) and to keep it informed of any measures envisaged in this respect. It also requested the Government to keep it informed of any progress made in introducing the concept of "fair bargaining" into the ECA (see 309th Report, paras. 30-32).
2. 67. In a communication dated 28 May 1998, the Government states that no amendments to section 63(e) are being considered. It again reaffirms the view that section 63(e) protects the right of both employers and employees to choose the coverage of employment contracts. The Government states that "employers should not be compelled to be bound into arrangements with other businesses, which may undermine their interests. Once the structure is agreed, strikes and lockouts may be used in support of the negotiation of the content of the contract". On the question of fair bargaining, the Government indicates that it has been considering the issues relating to bargaining, particularly the recognition of the employees' representative. It notes the existence of a coalition agreement covering a wide range of interrelated industrial relations issues and indicates the Government's plan to announce its conclusions on these issues as an integrated policy "within the next few weeks". The Government also supplied information on
   • recent cases concerning the application of the ECA.
3. 68. With respect to section 63(e), the Committee notes with regret that the Government in its response once more repeats the same arguments. The Committee recalls once again that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests (see Digest of decisions and principles of the Freedom of Association Committee, 1996, para. 475). This right is stated in broad terms, and does not apply merely in relation to the content of collective agreements. The Committee urges the Government to amend section 63(e) and to keep it informed in this regard. The Committee also notes that the Government's conclusions on the issue of recognition of workers' organizations for purposes of collective bargaining were due to be released some months ago. The Committee, therefore, requests the Government to forward this information to it, and recalls the importance which it attaches to the right of representative organizations to negotia
   • te.