Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report and the information provided in reply to its previous comments. It also notes the observations made by the New Zealand Council of Trade Unions (NZCTU) and the New Zealand Employers' Federation (NZEF), which were transmitted with the Government's report.

Articles 2 and 5 of the Convention. The Committee notes the criticism made by the NZCTU relating to Article 2, concerning the over-formal nature of the consultation procedures followed for the matters covered by points (a), (b) and (d) of Article 5, paragraph 1, and its belief that true consultation should be developed in the sense of the Convention. The NZCTU considers that the procedures that are in force are too rigid to allow real substantive dialogue on the subjects discussed.

The Committee notes that the Government recognizes that, in some cases, there have been problems due to time constraints (for consultations on point (d)), but that it makes every effort to overcome them to allow the occupational organizations sufficient time to respond and for consultation if they so wish. The New Zealand Employers' Federation indicates that, although the time frame is sometimes tight, it has never found itself unable to provide a reply.

The NZCTU also refers to the Government's previous report to indicate that the Government has not fulfilled the commitments entered into as a result of the tripartite meeting held on 1 February 1993 to submit to the social partners a paper as a basis for the discussions considered necessary in order to determine appropriate consultation procedures on the matters covered by points (c) and (e) of the above Article.

In its observations on the present report and in reply to the statement that the NZCTU, although consulted on whether to ratify Conventions Nos. 155, 159 and 160, did not express an opinion, the organization states that the belated nature of the consultation was the only reason for its silence and that, having recently received the appropriate papers, it is considering its response.

Articles 4 and 6. The Committee notes the information provided by the Government in its report and the observations made by the social partners on the application of the provisions of the Convention.

In conclusion, the Committee notes the Government's statement that it is attempting to address the concerns expressed by the NZCTU to ensure that the Convention is applied effectively, with the agreement of the social partners. The Committee would be grateful if the Government would provide information on the progress achieved in this respect, with an indication of the measures taken to give effect to the action agreed upon at the tripartite meeting held on 1 February 1993, particularly with regard to consultation procedures for the re-examination of unratified Conventions and the denunciation of Conventions.