Fact Sheet 6 : National will attack workplace rights

This Fact Sheet was prepared for the July 2002 General Election campaign.

The current Government has supported workplace rights. National is promising to make some big changes.

The current government has:

- Scrapped the Employment Contracts Act
- Introduced a new Employment Relations Act which supports collective bargaining, mediation, and good faith
- Increased the minimum wage from $7.00 an hour to $8.00 which now applies from 18 years, not 20. Also it has increased the minimum wage for 16/17 year olds from $4.20 to $6.40.
- Restored ACC to state ownership and re-introduced lump sum compensation
- Introduced 12 weeks paid parental leave
- Introduced a law to improve workplace health and safety
- Increased early childhood and out-of-school care assistance

What would a National Government do?

National has released a Workplace Law Policy which promises to:

- make substantial amendments to the Employment Relations Act
- allow employers to sack workers in the first 3 months of employment without the worker having any appeal rights
- restrict multi-employer bargaining
- prevent union access to workplaces
- contract out the Government mediation service to private firms
- change the rules for collective bargaining
- give workplace accident insurance to private companies rather than ACC
- ensure that there are no "restrictive conditions" when there is a sale or transfer of business

What does this mean?

It means there is a clear choice for workers in this election on the issue of their workplace rights alone. National knows that workers despised the Employment Contracts Act. So they have decided to keep the Employment Relations Act, but in name only. They say they want a new law that is "flexible". This is exactly what they said before they brought in the Employment Contracts Act.

So their new law would be the "ECA in drag". Remember under a National Government, wages, conditions, overtime, allowances, penal rates, sick leave, holidays were all under attack because National loaded the dice in favour of employers. The Employment Relations Act introduced by the current Government does not favour workers and unions, or employers.

Every time you start a new job, the National Party says you have no personal grievance rights for 3 months. All you could do is complain to the Human Rights Commission.

National have promised employers that they will be able to employ a worker on an agreement that prevents them from taking any personal grievance in the first 3 months of employment. A personal grievance can be taken if you are: dismissed unfairly; disadvantaged unjustifiably in the workplace; sexually harassed; discriminated against; or victimised over whether or not you join a union.

Nearly all of us start a new job at some stage in our working lives. Most of us have at least six or so jobs during our working years. Under National policy, every time you start a new job, whether you are aged 17 years or 57 years, your employer can sack you, treat you unfairly, allow you to be sexually harassed, discriminate against you because of your gender, colour, race or sexuality (for example) and you will have no right to take a personal grievance. This is not only an absurd policy. It is cruel.

Union rights under attack by National

It is no surprise that once again, National want to attack union rights. They want to curb union access to the workplace despite the fact that there have been no problems under existing law. National want to be able to use strike-breakers in disputes. They want to remove the right of workers to strike over multi-employer bargaining.

So the nurses, cleaners, metalworkers, plastics workers already in such agreements would not be able to take action together. National also say that they would not allow "restrictive conditions" to apply in a sale or transfer of business. Many workers face a loss of employment, lower pay and conditions, and no redundancy compensation as a result of a transfer or sale. Something has to be done to protect these workers. But National opposes such protection.

What about ACT?

ACT wants to remove the Employment Relations act entirely so that all workplace relations are covered by contract law. This would mean that employers would be free to employ workers on whatever conditions they could get an individual to agree to at the time of employment. So a National/ACT coalition would take us back over 100 years.