Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Employment Service Convention, 1948 (No. 88) - New Zealand (Ratification: 1949)

The Committee has taken note of the detailed information contained in the Government’s report received in November 2004, as well as the comments of the New Zealand Council of Trade Unions (NZCTU) and Business New Zealand communicated by the Government.

1. Cooperation of employers’ and workers’ representatives. Regarding consultations with employers’ and workers’ organizations concerning employment service policy, the Government indicates that, as a general principle, it consults with those affected by employment-related policies and the scope and level of consultation is tailored to the particular policy, taking into account the nature of the issues involved, their scope and scale and the extent of the expected impact. The Government explains that the Ministry of Social Development has a number of advisory bodies and committees and provides a list of the groups advising specifically on employment policies.

2. The Committee notes that the NZCTU, while acknowledging the range of employment policy advisory committees and bodies with external participants, considers that this does not constitute full and meaningful consultation, especially where there has been no direct consultation with organizations representing workers’ interests to seek nominees, nor any mechanism for seeking the organizations’ views. The Committee further notes that Business New Zealand considers that where there is a good reason for the Government to consult social partners, consultation does occur, a typical example being cooperation over the promotion of workplace-based learning. However, Business New Zealand considers that there would appear to be no good reason for specific consultation over the development and operation of a state-run employment service. In this regard, the Committee refers to its 1998 observation and recalls that the Convention requires that suitable arrangements should be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy, and that the representatives on these committees should be appointed after consultation with representative organizations of employers and workers. Furthermore, the general policy of the employment service in regard to referral of workers to available employment should be developed after consultation with representatives of employers and workers through these advisory committees. The Committee trusts that the necessary measures will be taken to give full effect to the essential requirements provided by Articles 4 and 5 of the Convention. It asks the Government to provide in its next report detailed information on the consultations which have taken place with regard to the abovementioned provisions.