The Unionist, Issue 41, 5 May 2006

The legality of youth rates has come into question, writes the Unionist this week.

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Legality of youth rates in question

Two private sector unions are saying that employers should act now to abolish youth rates or face legal action, after a Ministry of Justice briefing uncovered yesterday threw up questions about the legality of paying differential pay rates for 16 and 17 year olds.

Green MP Sue Bradford has a member's bill before Parliament that would abolish youth rates. On any proposed bill, the Ministry of Justice and Crown Law are required to report on the consistency of the bill with the Bill of Rights Act.

The Ministry noted that the Bradford bill was seeking to remove the ability of the government (or more technically the Governor General on its behalf) to set the annual minimum wage each year through regulations in a way that discriminates against 16 and 17 year olds. "However, it is our view," the report noted "that the (Minimum Wage) Act does not authorise the Governor-General to make orders that discriminate in a way that is prohibited by the Bill of Rights Act or the Human Rights Act." They said that the Bradford bill appeared "superfluous".

Unite Union and the Engineering, Printing & Manufacturing Union want to test this interpretation of the law. Unite yesterday vowed to target McDonalds first.

"Unlike Restaurant Brands, McDonalds refuses to seriously engage with the union to negotiate an end to youth rates," Unite National Director Matt McCarten said. "It is only fair that they should be the first fast food company that Unite will target on the basis of this new information."

"We will seek back pay for all of our members for all of the period of their employment that they have been paid less that the "adult" minimum wage," said McCarten. "Unite also intends to challenge the validity of the regulations promulgated pursuant to the Minimum Wage Act as we consider that the regulations are discriminatory and unlawful and it is outside of the powers of the Minister of Labour to make such regulations."

And the Engineering, Printing and Manufacturing Union also warned employers to immediately abolish youth rates, saying it will take legal action to recover money owed to thousands of people if youth rates were deemed illegal.

"If our members have been paid at illegally low rates of pay, then we must take action to recover what they are owed," EPMU National Secretary Andrew Little said.

"Our legal team is drawing up plans to find out who has been affected, and to lodge claims against employers where we can. Under the Employment Relations Act, we can take claims back six years."

The sponsor of the member's bill to get rid of youth rates, Sue Bradford, said yesterday she would continue to pursue her bill through the political process.

"While the Ministry's advice is that the current legislation may be illegal, my Bill will remove any uncertainty. It will also ensure that the Governor General will no longer be put in a position of signing illegal regulations," she said.

"Given this legal opinion, I would expect MPs from all parties, and especially Labour, to support my Bill through all its stages."

Meanwhile the New Zealand Association of Adolescent Health and Development yesterday joined the debate, saying the government had a moral and legal duty to abolish youth rates.

"The Human Rights Act prohibits age-based discrimination, but the government sanctions discrimination against young people through the current minimum wage legislation," David Hanna, President of NZAAHD said yesterday.

"We believe the government should tidy this up and make it clear that young workers should not be paid inferior rates than their older workmates, when they are doing the same work."

Human Rights Film Festival

The Human Rights Film Festival started in Wellington on Wednesday, and moves on to Auckland and Christchurch shortly. The festival brings together a number of human rights films from international film makers and locals, and after positive feedback from last year the festival has continued with panel discussions, which will take place after each screening.

Programmes are around town in the above cities, and there is a full listing at www.humanrightsfilmfest.net.nz

On the topic of film festivals, the annual Out Takes gay and lesbian film festival begins shortly too, in Auckland, Wellington and Christchurch. Details at www.outtakes.org.nz. The Auckland festival runs from 25 May - 5 June, Wellington from 1 - 11 June and Christchurch from 8 - 14 June.

Events

Unions Local Events

Unions Tauranga
May 8, 5pm
Seafarers Centre, Hull Rd, Mt Maunganui
gparsloe@seafarers.org.nz

Unions Hawkes Bay
May 8, 5.30pm
TUC, 2 Lipton Pl, Napier
dhyde@nduunion.org.nz

Unions Otago
May 9, 4.30pm
NZNO, Level 3, 7 Crawford St, Dunedin
glendaa@nzno.org.nz

Unions Gisborne
May 10, 4pm
Trades and Labour Hall, Cnr Customhouse St. & Childers Rd, Gisborne
cryan@nduunion.org.nz

Unions Canterbury
May 16, 4pm
TUC, 199 Armagh Street, Christchurch
Karena.Brown@epmu.org.nz

Unions Auckland
May 18, 4pm.
Trades Hall, 147 Gt Nth Rd, Auckland
gparsloe@seafarers.org.nz

Unions Wellington
May 18, 5pm
CTU, Lv 7, 178 Willis St, Wellington
pbolster@anet.co.nz

Unions Manawatu
May 26, 3pm
PSA House, 41-47 King St, Palm Nth
john.shennan@psa.org.nz

CTU Meetings, Training

"Unions talking Health and Safety"
a) 10 May, 9am-1pm
62 London Street, Hamilton
oksanaz@nzctu.org.nz
b)17 May, 9am-1pm
EPMU, Christchurch
oksanaz@nzctu.org.nz

Workplace Productivity Education Programme (WPEP). Regional Workshops for Union Officials. All workshops 9.30am-12.30pm. 04 385 1334, ext 847 /
sandyo@nzctu.org.nz
a) Tuesday 9 May at Wellington
Morgan and Dick room, St John's complex, Cnr Dixon and Willis Street, Wgtn
b) Tuesday 23 May Christchurch Meeting Room at EPMU Office
298 Cashel Street, Christchurch

Learning Reps Seminar for Organisers
May 19, 9.30am-12.30pm
SFWU Seminar Room, 35-39 George St, Kingsland, Auckland
marym@nzctu.org.nz

ACC Partnership Programme Training,
Stage Two
a) May 31, 9am-5pm
Baptist Church, Oxford Tce,
Christchurch
oksanaz@nzctu.org.nz
b) June 9, 9am-4.30pm
Concord Room, Hotel Grand
Chancellor, Auckland Airport
oksanaz@nzctu.org.nz

Skills of Organising
June 13, 14, 15, 9am-5pm
McKenzie Room, St Johns Church Cnr Willis & Dixon Streets, Wellington
karenn@nzctu.org.nz

Leadership Development For Young Workers
June 20, 9am-4.30pm
Big Hall, St Johns Church Cnr Willis & Dixon Streets, Wellington
karenn@nzctu.org.nz

Training Skills
Part 1: June 20 & 21
Part 2: July 25 & 26
EPMU, 9 Madeira Lane, Grafton, Auckland (For Parts 1 & 2)
1st Day 9.30am - 5.00pm
2nd Day 9.00am - 5.00pm
karenn@nzctu.org.nz

Other events

Unions Manawatu Mayday Concert

Saturday May 6th
7.30pm Regent Theatre,
Broadway Palmerston North
john.shennan@psa.org.nz

Contact

If you have any information about upcoming CTU events please contact:
Sam Huggard - (04) 802 3817, email: samh@nzctu.org.nz