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Bill to Strengthen the Rights of Temporary, Casual Workers Introduced in New Zealand

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22 September, 2008

The Employment Relations Amendment Bill, introduced 9 September in New Zealand’s National Assembly, will strengthen the rights of temporary and casual workers, according to ICEM affiliate Engineering, Printing, and Manufacturing Union (EPMU) and the New Zealand Council of Trade Unions (NZCTU).

The legislation will guarantee that unionised temporary workers hired through a third party or a labour agency firm will have the same pay and conditions that permanent workers have from collective agreements. It also gives increased powers to labour inspectors to determine whether a worker is employed on a fixed-term contract, or is a permanent worker.

 EPMU National Secretary Andrew Little

“We’ve seen dozens of cases where employers have used temporary workers from labour hire companies to undermine collective agreements and the rights, wages, and health and safety of permanent workers,” stated EPMU National Secretary Andrew Little.

“The use of third party labour hire arrangements to sidestep basic employment laws have been left unchecked until now and we hope that the current bill makes its way into legislation as soon as possible.”

Both the EPMU and the NZCTU will attempt to move the proposed bill to a Select Committee before it then goes before full legislative review.

NZCTU Economist Peter Conway said that trade unions will “welcome provisions in the bill that cover what is known as ‘triangular’ employment.”

He added, “The bill will ensure that workers who perform work for a controlling third party can join that party to any personal grievance claim.” He also reiterated that staff for a labour agency must be employed on terms and conditions no less favourable than any collective agreement which covers direct employees.

The EPMU has issued a “Work Rights Checklist” which calls for “the right for workers employed through a labour agency who work alongside workers under a collective agreement to be paid the same rates for the same pay.” The checklist is used as a measure for workplace policies for all of New Zealand’s political parties during the country’s election cycle.