Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - New Zealand (Ratification: 1987)

The Committee notes the observations made by Business New Zealand (BusinessNZ), received on 1 September 2021, as well as the observations from the New Zealand Council of Trade Unions (NZCTU), which were received with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Operation of the consultative procedures. The Committee notes that the Government reports an increased level of consultation and collaboration with the social partners due to the range of policy reforms proposed and the challenges experienced in developing a comprehensive social, economic and health response to the COVID-19 pandemic. It indicates that this has resulted in a more structured approach applied to specific issues (in the form of taskforces or working groups), but that the Convention continues to be applied largely in an informal manner, with regular meetings on matters of interest, supported by more formal processes as required. The main tripartite body is the Future of Work Tripartite Forum, which first met in August 2018 and investigates the challenges and opportunities presented by the changing nature of work and employment. The Government indicates that it is willing to consider whether other mechanisms could be employed to ensure a smoother process of tripartite consultation and dialogue across the issues covered by the Convention, provided that they do not introduce unnecessary formality or rigidity. In its observations, BusinessNZ indicates that the flexibility of New Zealand’s informal consultation process provides greater opportunity for collaboration than a more formal structure. It also reports, however, that the more recent consultations have often involved organizations beyond the social partners, which has not always been conducive to achieving practical solutions. The Committee requests the Government to continue to provide information on the content and outcome of consultations held with the social partners to examine the manner in which the Convention could best be applied and to take the necessary measures to improve the operation of the procedures ensuring effective tripartite consultation with respect to the matters covered by the Convention.

Articles 2 and 5. Effective tripartite consultations. The Committee previously noted the Government’s indication that, in addition to consultations on the matters required under Article 5(1) of the Convention, both the NZCTU and BusinessNZ have been part of the Joint Working Group on Pay Equity Principles, the Film Industry Working Group and the Tax Working Group. The Government adds that the tripartite consultations on pay equity and the film industry resulted in proposals for legislative change. The Government also provides examples of efforts made to promote a culture of social dialogue and consultation through engagement of the social partners in groups and task forces, including: (i) the Fair Pay Agreements Working Group 2018; (ii) the Review of Temporary Migrant Exploitation Consultation Group; and (iii) the Regional Skills Leadership Groups established to help manage changing skills and workforce needs and support the recovery of labour markets disrupted by COVID-19. With respect to the effective tripartite consultations held during the reporting period on the matters covered by Article 5(1) of the Convention, the Committee notes with interest the Government’s indication that consultations with the social partners took place in 2018 and 2019 in relation to the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, which New Zealand ratified on 13 December 2019 (Article 5(1)(c)). The social partners were also consulted with respect to the 2019 ILO Survey on Maritime Conventions and Recommendations, the abrogation of eight Conventions, the withdrawal of nine Conventions and 11 Recommendations. The Committee further notes that the NZCTU, in its observations, indicates that it has participated actively in each of the above-mentioned opportunities for tripartite consultation, which have been productive in contributing to effective policy development. The Committee requests the Government to continue providing updated information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4(2). Training. The Government reports that: (i) there are no current arrangements to finance the training of participants in consultative procedures; (ii) the resourcing of specific consultative arrangements is determined on a case-by-case basis; and (iii) it is aware of the importance of capacity and resourcing to ensure effective consultation and dialogue. The Committee requests the Government to provide updated information on any arrangements made for the financing of any necessary training of participants on the consultative procedures. It reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

COVID-19. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic.  The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.