Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the Government’s report received on 28 August 2018 and the observations of the New Zealand Council of Trade Unions Te Kauae Kaimahi (NZCTU) on the application of the Convention. The Government is requested to provide its comments in this respect.

Article 2 of the Convention. Operation of the consultative procedures. The Government reiterates that, in New Zealand, the Convention is applied in an informal manner, offering more flexibility to the social partners to connect and collaborate with the Government and with each other at any time to discuss issues related to ILO work. The Government also reports that more formal meetings and regular consultations support its existing constructive relationships with the social partners. In its observations, the NZCTU observes that there was an overall decrease in tripartite consultations from 2008 to 2017, institutional tripartite structures were significantly dismantled and the NZCTU’s access to Government structures was impeded. Although, even during this period, it continued to meet with the Minister of Labour and the Prime Minister, in addition to working with government departments and officials. It further indicates that, since the 2017 elections, the situation has improved and the NZCTU has substantively participated in a number of tripartite working groups which have been set up by the Government. Nonetheless, the NZCTU emphasizes that the state of affairs from 2008 to 2017 highlights the danger of relying upon informal structures and arrangements and customary practice to ensure implementation of the Convention. In this respect, the Committee recalls that the consultations required by the Convention can be held in the absence of any specific provision in the domestic law. In its 2000 General Survey on Tripartite Consultation, paragraphs 48–51, the Committee observed that the Convention can be implemented through customary law or practice, as well as through the enactment of laws and regulations. It however notes, that for several years the NZCTU has been calling for the creation of a formal structure or process to ensure regular tripartite consultations on the matters concerning ILO activities set out in Article 5(1) of the Convention. The Committee trusts that the Government and the social partners will collaborate in examining the manner in which the Convention could best be applied and will take the necessary steps to enhance the smooth operation of the procedures ensuring effective tripartite consultations at all levels concerning the matters covered by the Convention.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government reports that in addition to consultation on the matters required under Article 5 of the Convention, the NZCTU and BusinessNZ meet with Government at the Ministerial and Ministry levels on a regular basis to discuss any topical matters of interest. It further indicates that, since the previous report, both the NZCTU and BusinessNZ have been part of the Joint Working Group on Pay Equity Principles, the Film Industry Working Group (to restore the right of workers in the industry to collectively bargain), and the Tax Working Group established to consider the fairness of New Zealand’s tax system. The Committee notes with interest the information provided on effective tripartite consultations held during the reporting period on the matters covered by Article 5(1) of the Convention. In particular, it notes that consultations were held in relation to the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)), proposals to be made to the competent authority in connection with the submission of instruments adopted by the Conference, including consultations on the General Survey and the reports prepared in accordance with the follow-up to the 1998 Declaration on Fundamental Principles and Rights at Work (Article 5(1)(b)), and questions arising out of reports submitted under article 22 (Article 5(1)(d)). In its observations, the NZCTU indicates that the right to freedom of association is protected under New Zealand’s industrial and human rights legislation; however, it is not a constitutionally guaranteed right, and its scope has been restricted by legislation adopted between 2009 and 2017. The NZCTU adds that the current Government is taking the necessary steps to reverse the deleterious effects of those restrictions. The Committee requests the Government to continue to provide information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention, in particular on the tripartite consultations held regarding the possible ratification of up-to-date Conventions as well as in relation to the possible denunciation of outdated Conventions.

Article 4(2). Training. The Committee requests the Government to describe any arrangements made for the financing of any necessary training of the participants in the consultative procedures (Article 4(2)).