Waikato Business News November/December 2017

58 WAIKATO BUSINESS NEWS November/December 2017
HR MANAGEMENT AND RECRUITMENT
Unions revitalised under a new Government
Only weeks into a new Labour lead Government’s term
in office the Union Organisers are already showing a
revitalised sense of enthusiasm. Under the previous
National Government’s reign, Unions (outside of the
Public Sector) have faced a retrenching membership with
many Employees electing to ‘go-it-alone’ believing that the
Union movement could not offer them any more than they
may have been able to negotiate for themselves.
Under National, the Union movement maintained a
presence within business, however as the National
Government progressed with many of its initiatives to
enhance the economy Union Negotiations primarily
centred on seeking incremental increases to wage rates and
minor adjustments to core terms and conditions. Within
this environment strike action was almost non-existent
with such actions more limited to ‘fringe based’ issues
within more radical ‘protester-based’ environments – i.e.
the Unite Union’s attacks on minimum wage workers,
rights and zero hour agreements.
However under a new Government regime, and one backed
heavily by the Unions, there is already strong evidence that
the next three (3) years will see a strong push by the Unions
to seek to re-establish and strengthen their position within
the private business sector.
A business only needs to have two (2) employees who are
members of a Union prior to that Union being entitled to
initiate bargaining for a Collective Employment Agreement
that covers the work functions undertaken by the majority
of the Employees.
Even where the business has no current Union Members,
under section 20 of The Employment Relations Act 2000,
the Union has a right to request access to the business “for
the purpose of recruiting Employees as Union Members”.
The rules of access are very broad with the Union not
needing to have any members on that site prior to
submitting an access request – the belief that Employees
have the potential to become members may be sufficient.
When receiving a $20 Access Request the Employer cannot
make decisions on behalf of their Employees by stating
that the Union’s presence is not wanted and therefore has
to open their doors to enable a Union Official to ‘walk the
floor’ and speak to individual Employees about the Union.
Only the Employees on an individual basis can reject the
Union’s approach to them.
Such access requests raise significant questions from
a Health and Safety perspective (particularly in safety
sensitive work environments) however this cannot be used
as an excuse to reject the Union’s request with Employers
being open to a financial penalty if an access request is
unjustifiably denied.
If a minimum of two (2) members can be established, there
could be no doubt that a request for Collective Bargaining
would soon follow requiring the Employer to participate
in the full bargaining process in Good Faith – although
this may result in the members receiving nothing greater
than they already hold within their respective Individual
Employment Agreements.
The processes of engaging and bargaining with Unions
can be complex, with a Union’s right to seek to initiate a
number of forms of industrial action to reinforce their
stance is likely to be seen more commonly over the next
few years.
If you have any questions about Union engagement, Union
rights or Collective Agreements please feel free to contact
us directly.
This article is written by Russell Drake, of Russell
Drake Consulting Limited, Licenced Contractors to the
Employers and Manufacturers Association (EMA) who
Act exclusively for Employers in all employment relations
situations, including Collective Bargaining processes - see
www.russelldrakeconsulting.co.nz or phone (07) 838 0018.
Russell Drake Consulting
Ph: 07 838 0018
www.russelldrakeconsulting.co.nz
J2777P
Tauranga - Hamilton - Auckland - Wellington - Christchurch
0800 46 36 75 l info@1cr.co.nz
www.1cr.co.nz
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