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WORKPLACE RELATIONS AND SAFETY PORTFOLIO BRIEFING FOR THE INCOMING MINISTER 7 October 2014

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WORKPLACE RELATIONS AND SAFETY PORTFOLIO

BRIEFING FOR THE INCOMING MINISTER

7 October 2014

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Typewritten Text
This document has been proactively released. Redactions made to the document have been made consistent with provisions of the Official Information Act 1982.

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Contents

1. Portfolio overview .......................................................................................................................... 3

2. Portfolio responsibilities ................................................................................................................. 5

Portfolio functions and responsibilities ..................................................................................................... 5

Key MBIE officials ....................................................................................................................................... 5

Legislative responsibilities .......................................................................................................................... 7

3. Near-term actions and decisions ..................................................................................................... 9

Creating and maintaining an effective health and safety system for New Zealand workplaces ............... 9

Ensuring employment regulation remains fit for purpose ....................................................................... 13

4. Major links with other portfolios ................................................................................................... 16

Annex 1: List of upcoming briefings ...................................................................................................... 18

Annex 2: Crown entities, institutions and statutory bodies .................................................................... 20

Annex 3: Funds and appropriations ...................................................................................................... 26

Annex 4: Contestable Funds and Trusts ................................................................................................ 27

Annex 5: Key stakeholders ................................................................................................................... 30

Annex 6: MBIE key contacts ................................................................................................................. 31

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1. Portfolio overview

The Workplace Relations and Safety portfolio contributes to a high-functioning labour market by

creating and implementing the labour market’s core regulatory systems – the workplace Health and

Safety system and the Employment Relations and Standards systems. Together, these systems

support innovative firms and skilled people by setting the framework for safe, fair and productive

workplaces and protecting New Zealand’s international brand as a reputable employer in export

markets.

To play this role in supporting a high-functioning labour market, all parts of each regulatory system

need to be operating well – it is not sufficient to have world class legislation in place, although this is

critical given New Zealand’s distance from world markets and size. The legislation needs to be well-

enforced and participants in the system need to be appropriately supported to understand and

perform their roles and responsibilities. Given the dynamic nature of the business environment,

these systems need to be treated as ‘living’ and managed in a way that ensures they continue to

deliver on their goals as the context changes.

This section outlines the current key priorities in the portfolio. We will shortly provide you with

more detailed briefings on the status of each of these work streams, as outlined in Annex 1, and

would welcome the opportunity to meet with you in the near-term to better understand your

priorities in these areas so we can best support you to meet your objectives.

Progressing the Health and Safety Reforms

The Government’s blueprint for health and safety, Working Safer, is a system-wide reform of the

health and safety system. It sets ambitious targets aimed at seeing a step change in New Zealand

workplace health and safety performance, including a 10% reduction in serious injuries and fatalities

by 2016, and 25% by 2020.

These reforms are in their early stages and the Government has signalled as a priority continuing to

make progress with the reform package. This is critical as previous reforms only put elements of an

effective system in place and did not keep up the momentum. For the Working Safer reforms to

succeed we need a concerted focus for a number of years to implement and embed the necessary

step change in our workplace safety culture. The key components include:

putting in place new legislation and the supporting regulations, codes of practice and guidance

supporting the newly established regulator, WorkSafe NZ, to implement an enforcement approach that makes use of its full range of tools. This includes tailoring the regulatory response to the risk at hand and providing more education and support to business to assist compliance

ensuring there is a system-wide approach to health and safety by government agencies

focussing on more effective injury prevention activity in high risk sectors, and better incentives through the design of a Safety Star Rating Scheme, and

building the capability and capacity of key system participants.

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Supporting the Independent Forestry Safety Review

Health and safety in forestry has had public attention due to high injury and fatality rates. Recent

WorkSafe NZ assessments have found high levels of non-compliance with health and safety

regulation within forestry. An independent panel on forestry is due to report in late October with

recommendations to improve safety performance in the forestry sector. The Government has

signalled it supports the review and will consider carefully the Review Panel’s recommendations. We

have worked closely with WorkSafe NZ and the Ministry of Primary Industries to support the Panel

and we will develop advice on any proposed Government response together. To achieve the desired

step change in safety outcomes, it will be important that the industry leads key components of the

response (with support from Government where required). However, there will be some

recommendations that relate to regulatory change that will need to be led by Government, in

consultation with industry.

Working to ensure adventure activities meet world-class safety standards

From 1 November 2014, all adventure activity operators subject to the Health and Safety in

Employment (Adventure Activities) Regulations 2011 are required to have gone through a safety

audit and be registered under the regulations, or they cannot operate activities. The Ministry is

working with WorkSafe NZ, who is the lead in the implementation of the regulations, to ensure

operators have the support they need to undergo the audit process. An update will be provided to

you and the Prime Minister by WorkSafe NZ on the progress of audits shortly.

Passing the Employment Relations Amendment Bill

The Employment Relations Amendment Bill is currently before the House and is awaiting the

committee of the whole House stage. The Bill implements commitments on collective bargaining,

and makes changes to flexible working arrangements, the duty of good faith, timeframes for

Employment Relations Authority decisions, and continuity of employment for vulnerable workers

(Part 6A).

Strengthening the enforcement of New Zealand’s minimum standards

On the employment regulation side, a discussion document ‘Playing by the Rules’ has recently

sought views on the performance of the employment standards system with a view to making any

legislative and non-regulatory changes required to strengthen the employment standards system.

This includes, among a range of things, considering how to improve: penalties, the tools of the

Labour Inspectorate, guidance/education to support compliance, and resourcing.

Extending paid parental leave from 14 to 18 weeks and broadening eligibility

In Budget 2014, the Government announced an increase in the number of weeks of Paid Parental

Leave and also signalled some design changes to the scheme intended to better reflect the changing

nature of work and families. Consultation on these design changes and on strengthening the

enforcement of standards has been completed and decisions will shortly be required on both issues,

with the intention that they form one employment standards bill that could be introduced to the

House early in 2015.

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2. Portfolio responsibilities

Portfolio functions and responsibilities

As Minister for Workplace Relations and Safety your key areas of responsibility are as follows:

The Health and safety regulatory system; and

The Employment regulatory system, including the over-arching employment relations

framework and prescribed minimum standards, such as the minimum wage and holidays.

Further details about the legislation you are responsible for, which MBIE manages on your behalf,

are contained below. Information about the entities, funds and appropriations which MBIE manages

on your behalf can be found in Annexes 2-4.

As Minister for Workplace Relations and Safety, you are also responsible for the relationship

between New Zealand and the International Labour Organisation (ILO). The 185-member ILO is a

specialised United Nations agency which is the preeminent global labour body and source of

international labour standards. It works to promote employment rights, encourage decent

employment opportunities, and enhance social protection. ILO standards are formed by the ILO's

constituents (governments, employers and workers) and set out basic principles and rights at work.

New Zealand was a founding member of the ILO and has had a strong association with the

Organisation throughout its history. As an ILO member, New Zealand is required to pay an annual

subscription (approx. NZ$1.4m), support tripartite (worker and employer) participation in labour

activities including the annual ILO Conference, and report regularly on the international labour

Conventions it has ratified, as well as on its intentions regarding Conventions it has not yet ratified.

All such reports are subject to tripartite consultation and comment. New Zealand is currently bound

by 51 Conventions covering a range of topics including collective bargaining, holidays, workers

compensation and the prevention of forced labour.

Key MBIE officials

A partnership approach is taken between MBIE and WorkSafe NZ in relation to the health and safety

system. The Labour Environment Branch of MBIE provides you with primary policy advice on

legislation and regulation, and also provides policy and strategic advice on the performance of the

overall health and safety system. WorkSafe NZ provides guidance and approved codes of practice,

and provides leadership and enforcement over the implementation of the health and safety system.

All of the policy and operational functions of the employment standards and relations system are

contained within MBIE. The Labour Environment Branch provides policy advice on the regulatory

regime and broader labour market issues, with the Labour Inspectorate enforcing standards,

Resolution Services resolving employment disputes, and the Service Centre and Advice and

Information function within MBIE supporting people to understand the law and address low level

issues.

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Key MBIE contacts are set out in the table below:

Contact Role Priority Area Contact details

David Smol Chief Executive, Ministry of Business, Innovation and Employment

All E [email protected]

Cath Atkins Acting Deputy Chief Executive, Labour and Commercial Environment

The Labour and Commercial Environment Group covers most of the regulatory systems that affect business and consumers.

E [email protected]

Greg Patchell Deputy Chief Executive, Market Services

Market Services works with businesses, employees and consumers to help them operate successfully in the market place.

E [email protected]

Kirstie Hewlett General Manager, Labour Environment

The Labour Environment Branch provides policy and regulatory advice in relation to employment relations and standards, workplace health and safety, and accident compensation.

E [email protected]

George Mason General Manager, Labour Inspectorate

The Labour Inspectorate is responsible for delivering Labour Inspectorate services, including the appropriate use of statutory and enforcement powers to ensure the integrity of New Zealand’s employment relations regime.

E [email protected]

Adrienne Meikle General Manager, Resolution Services

The employment relations mediation service was established to support employment relationships.

E [email protected]

Ross van der Schyff

Acting General Manager

Client Advice, Services and Education

The Client Advice, Services and Education Branch implements business and customer-facing services including the call centre, and advice information and education on employment relations and standards issues.

E [email protected]

Section 9(2)(a)

Section 9(2)(a)

Section 9(2)(a)

Section 9(2)(a)

Section 9(2)(a)

Section 9(2)(a)

Section 9(2)(a)

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Mark Steel General Manager, Trade and International Environment

The Trade and International Environment branch is responsible for the strategic oversight and, where required, coordination of MBIE’s international activities. It is also responsible for managing the relationship with the ILO and for trade-related labour instruments.

E [email protected]

Further details about the key MBIE contacts and other key stakeholders can be found in Annexes 5

and 6.

Legislative responsibilities

As Minister of Vote Workplace Relations and Safety you are responsible for the following Acts and

the regulations that sit under them:

Health and safety legislation

Health and Safety in Employment Act 1992

Hazardous Substances and New Organisms Act 19961

Machinery Act 1950

Mines Rescue Act 2013

WorkSafe New Zealand Act 2013

Regulations

HSE Regulations 1995

HSE (Prescribed matters) Regulations 2003

HSE (Rates of Funding Levy) Regulations 1994

HSE (Pressure Equipment, Cranes and Passenger Ropeways) Regulations 1999

Amusement Devices Regulations 1978

HSE (Pipelines) Regulations 1999

HSE (Petroleum Exploration and Extraction) Regulations 2013

HSE (Mining Operations and Quarrying Operations) Regulations 2013

Geothermal Energy Regulations 1961

HSE (Asbestos) Regulations 1998

HSE (Adventure Activities) Regulations 2011

Mines Rescue (Levy) Regulations 2014

1 Policy and enforcement as it relates to hazardous substances in the workplace. Other responsibilities lie with

Ministry for the Environment and the Environmental Protection Authority.

Section 9(2)(a)

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Labour legislation

Employment Relations Act 2000

Equal Pay Act 1972

Holidays Act 2003

Labour Department Act Repeal Act 1989

Marine and Power Engineers’ Institute Industrial Disputes Act 1974

Minimum Wage Act 1983

Parental Leave and Employment Protection Act 1987

Remuneration Authority Act 1977

Seamen’s Union Funds Act 1971

Sharemilking Agreements Act 1937

Shop Trading Hours Act Repeal Act 1990

Trade Unions Act 1908

Union Representatives Education Leave Act Repeal Act 1992

Volunteers Employment Protection Act 1973

Wages Protection Act 1983

Waterfront Industry Reform Act 1989

Regulations

Employment Relations Authority Regulations 2000

Employment Relations (Prescribed Matters) Regulations 2000

Employment Court Regulations 2000

Minimum Wage Order 2014

Parental Leave and Employment Protection Regulations 2002

Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2014

Sharemilking Agreements Order 2011

The legislation details a number of Ministerial actions that must, or can, be exercised by you.

Statutory obligations that the Minister for Workplace Relations and Safety must exercise are set out

in the table below.

Act – Section Statutory Obligation

Minimum Wage Act 1983 Section 5 Review minimum wage rates annually by 31 December.

Parental Leave and Employment Protection Act 1987 Section 71N

Adjust the rate of parental leave payments by Order in Council annually by 1 July.

Machinery Act 1950 Section 26B Approve Codes of Practice, including amendments and revocations

Health and Safety in Employment Act 1992, Section 20A

Approve Codes of Practice, including amendments and revocations

WorkSafe New Zealand Act 2013 Section 7 Appoint members of the Board

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3. Near-term actions and decisions

This section outlines decisions you will likely be asked to make in the coming three months. A list of

anticipated briefings during this period can be found in Annex 1.

Creating and maintaining an effective health and safety system for New Zealand workplaces

Working Safer: a blueprint for health and safety at work is the Government’s response to the

Independent Taskforce on Workplace Health and Safety (the Taskforce) and sets out a blueprint for

the health and safety system, all of which needs to be implemented to meet the target of reducing

the rate of workplace fatalities and serious injuries by 25 per cent by 2020.

An effective partnership between MBIE and WorkSafe NZ is paramount to implement the reforms.

MBIE leads policy and regulatory development and monitors WorkSafe NZ activities, while WorkSafe

NZ leads the operation and implementation of the health and safety system. We held joint weekly

officials meetings with the former Minister of Labour to ensure integration of policy, advice and

operations. Meeting arrangements that suit you and your office will be confirmed.

These system wide reforms are in their early stages and will require focus for a number of years to

ensure they are fully embedded. For the most part these changes are well-supported by key

business leaders and groups representing workers. The key actions for you in the next three months

are outlined below:

Leading Cabinet decisions on Health and Safety Reform Bill arising from Select Committee – November 2014

New legislation, the Health and Safety Reform Bill, was introduced in March 2014 and is before the

Transport and Industrial Relations Committee (the Select Committee). Once passed, it will create a

new Health and Safety at Work Act. The Bill is based on the Australian Model Work Health and

Safety Act, with modifications to take account of differences in the New Zealand regulatory and

operating environment. The Bill applies better to modern workplaces and working arrangements

and, by picking up the Australian model, enables us to make use of Australian precedent and

guidance. It also provides a strong signal to society that a step-up in health and safety practices is

required for those that do not currently comply with health and safety standards.

The Bill shifts the focus of the law away from the nature of the relationship between parties (eg

employer/employee, principal/contractor) to a more general duty owed by any “persons conducting

a business or undertaking” (PCBU) to “workers” and “others” in the workplace. In this way, the Bill

places a renewed focus on those within a workplace who are best able to manage risks within that

workplace and those who are in a position, such as directors, to influence the health and safety

direction and policies of their businesses. As part of this, it introduces a new due diligence duty for

Directors and Officers, to ensure that PCBUs have an appropriate governance focus on health and

safety.

Prior to the election, the Bill was being considered by the Transport and Industrial Relations

Committee and over 220 businesses, organisations and people have submitted on the Bill. There is

widespread support for the Bill, with a few concerns around changes in concepts and requests for

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further guidance around them. Cabinet decisions on any changes required to the Bill arising out of

Select Committee consideration are likely in November 2014, dependant on the timing of the Select

Committee’s consideration of the Bill.

We will provide you with a detailed briefing on the Bill, including the key issues being raised by

submitters shortly.

Cabinet decisions on first tranche of supporting regulations – November 2014

Regulations and guidance are critical to the effective implementation of the regime and are being

developed in parallel to the passage of the Bill. These will ensure that duty holders understand the

full breadth and depth of the new regulatory framework and are properly supported. Both the Royal

Commission on the Pike River Coal Mine Tragedy and the Taskforce identified that the current health

and safety system has always lacked the breadth and depth of regulation and supporting guidance

required by businesses and workers.

The regulations: introduce a new regime for major hazard facilities; bring the regulation of

hazardous substances in the workplace under health and safety law; improve the asbestos

regulations; and put in place more detail on risk management and worker participation.

The discussion document Developing Regulations to support the new Health and Safety at Work Act

outlines the policy proposals for the development of the first tranche of regulations to support the

new Act. The discussion document was released for public consultation in May 2014 and

submissions closed on 1 August 2014. MBIE is completing the analysis of the submissions. We

propose to provide advice to you shortly to enable Cabinet to consider proposals in November this

year so that drafting of the regulations can commence. Policy work has also commenced on the

other supporting regulations that will also be required within the first two years of the new Act

coming into force. These regulations would include issues relating to hazardous work – like forestry.

These regulations will be important to provide the clarity that the Taskforce was seeking and to

realise the full benefits of the reform. WorkSafe NZ is also progressing a range of Codes of Practice

and other guidance material to support both the new Act and the regulations.

We will provide you with a detailed briefing on these supporting regulations, including the key issues

that have been raised by submitters and the guidance material being prepared by WorkSafe NZ, in

the next couple of weeks.

Safety Star Rating Scheme – joint decision with Minister of ACC January 2015

The current ACC health and safety incentive programmes with their focus on systems and processes

have achieved only marginal reductions in injury claims. In addition, many businesses believe they

have moved beyond the level of the existing schemes and uptake has been low. Issues have been

raised by business about inconsistent approaches between ACC, who audit the scheme, and the

health and safety regulator.

The Independent Taskforce on Workplace Health and Safety recommended in its 2013 report that

the Government introduce a business health and safety rating scheme which would contribute to

both the 2020 target and the required step change in New Zealand’s health and safety culture.

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In 2012, the Ministers for ACC and Labour had already announced the commencement of work on a

Safety Star Rating Scheme, with WorkSafe NZ responsible for assessing businesses, and levy

discounts administered by ACC. The scheme is being developed by WorkSafe NZ, ACC, and MBIE (as

the policy agency for both entities).

The Safety Star Rating Scheme aims to more effectively assess businesses’ health and safety and

offer businesses a range of financial and non-financial incentives to reward and recognise robust

health and safety practices. This includes procurement incentives – it is intended that the scheme

would give businesses a competitive advantage when competing for contracts. Businesses will also

receive guidance on how to improve their health and safety, helping them to be more confident in

meeting the requirements of the new health and safety legislation. As part of this it will be

important to explore Government’s role in encouraging take-up of the scheme through high risk

agencies either becoming part of or using the Safety Star Rating Scheme in procurement decision

making.

A Safety Star Rating Scheme health and safety assessment tool prototype has been developed. The

tool takes a partnership approach to assessing a business. It looks at the risk management system

across a business, and how priority health and safety risks are managed in practice at all levels of the

business. Worker engagement, return-to-work and safety culture are more prominent than in

current schemes.

The initial proof-of-concept has been completed, and we are now refining the design, carrying out

cost/benefit analysis, clarifying where the scheme sits within the broader suite of incentive

programmes, and testing the proof-of-concept findings with a wider group of stakeholders. It is likely

to take two to three years to fully develop, test and implement the scheme. We will be seeking

decisions from you and the Minister for ACC in early 2015 on whether the scheme is likely to be

affordable and whether there will be sufficient uptake by businesses.

Independent Forestry Safety Review – decision on Government response

In January 2014, an industry-led Independent Forestry Safety Review was announced. The purpose

of the Review is to identify the likely causes and contributing factors to the high rate of serious

injuries and fatalities in the New Zealand forestry sector. The Forestry Safety Review Panel has

examined the health and safety structure and culture of the forestry sector. It has consulted widely

with workers, forest owners, forestry contractors and those people who have been affected by

serious injuries and fatalities in the forestry sector.

The Review Panel is expected to take an independent approach in its report, which is due to be

released in late October. MBIE and WorkSafe NZ submissions to the Review Panel both urged the

Panel to leverage its recommendations off the new health and safety legislation, and to consider the

potential broader impact of its recommendations for other high risk areas. We also encouraged the

Review Panel to consider recommendations which sought not just Government, but also industry,

action. MBIE will develop the Government’s initial response to the Review Panel’s final report, in

close consultation with WorkSafe NZ, ACC and the Ministry of Primary Industries, to enable work to

commence on the Review Panel’s recommendations where government action is required. We will

provide advice to you on timing for a government response in October. Taking the Review Panel’s

report forward is likely to involve a mixture of industry-led action supported by Government, and

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Government-led action work in consultation with industry. The latter would be matters where the

Review Panel has recommended regulatory action.

Government as employer – report to Cabinet by end of 2014

Government leadership as an exemplar of good health and safety practices is an important factor in

ensuring the culture change that is required to embed those changes throughout New Zealand

workplaces. The impact that the government has within the wider economy as an employer, a

procurer and an infrastructure funder in relation to the health and safety system needs to be

considered. Businesses and workers are increasingly looking for demonstrable government

commitment to workplace health and safety in its activities as employer and in its procurement

policies. We are currently looking at possible options on how best to do this.

Working Safer requires WorkSafe NZ to identify and engage with government agencies who are

operating in high risk areas for workplace health and safety, and work with those agencies on a plan

to identify any issues or solutions. MBIE is supporting WorkSafe NZ to develop a Cabinet update on

this work for you to take to Cabinet by December 2014.

Health and Safety Workforce Development – report to Minister for Workplace Relations and Safety

There is a history and increasing evidence of capacity and capability gaps throughout the workplace

health and safety system. The successful implementation of the health and safety reform requires

parties across different parts of the system to have the necessary competency to perform their

roles. For example: the regulator and those parties that are relied on to support the regulator to

implement the system (regulatory-backed auditors and certifiers); the professionals who are giving

health and safety advice to businesses; the health and safety representatives who ensure active

workplace engagement and participation in health and safety matters; those undertaking work that

involves risk to themselves or others; and decision makers such as management and directors.

As required by Working Safer, MBIE and WorkSafe NZ have commenced scoping a workforce

development strategy that aims to identify the areas of concern and to provide a basis for improving

capabilities across the system. Advice will be provided on this in late 2014. Work is already being

undertaken to strengthen professional advice and support health and safety representatives to

transition to the new regulatory regime. When Cabinet agreed to Working Safer, it recognised there

were issues in this area, and that funding would be needed after further scoping of the issues.

We will update you on this work and the next steps by the end of 2014.

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Ensuring employment regulation remains fit for purpose

The employment regulation framework is centred on the principle of good faith. There is little

prescription about how to give effect to this, providing flexibility and responsiveness for employers

and employees to find the most suitable and effective employment relationships within this core

guiding principle. The centrality of good faith within the framework’s architecture is well accepted by

a broad range of stakeholders. It reflects that at the core of all employment is a relationship that

cannot be fully captured by a contract.

In some parts of the framework, legislative employment standards are also in place, such as

minimum wage, paid parental leave and holiday entitlements, to ensure that some minimum

entitlements are in place for all employees. These standards often reflect or are informed by the

international labour conventions that New Zealand has ratified.

Another key component of the employment regulatory framework as outlined in the Employment

Relations Act 2000 (ER Act) is the role of collective bargaining. This is a fundamental ILO Convention,

which New Zealand ratified at the time the Act came into force. Reflecting the provisions of the

Convention, the Act sets out the key parameters that facilitate the voluntary organisation of

employees via unions and their engagement with employers in the collective bargaining process as a

means to address bargaining power imbalances. The Act also embodies the key ILO principles of

freedom of association and the prevention of discrimination in employment.

Employment Relations Amendment Bill – supporting the Bill through its final phases

The Employment Relations Amendment Bill currently before Parliament implements the National

Party’s 2011 manifesto commitments on collective bargaining, and makes changes to flexible

working arrangements, the duty of good faith, timeframes for Employment Relations Authority (ERA)

decisions, and continuity of employment for vulnerable workers (Part 6A). It is currently awaiting its

committee of the whole stage in the House. We will provide you advice very shortly on the process

for the final stages of the parliamentary process.

Playing by the Rules discussion document on employment standards – policy decisions to Cabinet

While it is difficult to reliably measure employer non-compliance with employment standards, the

evidence we do have suggests that around 17 per cent of employees are not receiving at least one of

the following minimum entitlements in their main job: minimum holiday entitlements; the minimum

wage; or they did not have an employment agreement.2

While many breaches of employment standards are not serious or intentional, the Labour

Inspectorate reports that it is seeing growing evidence of more serious and intentional breaches of

employment standards, such as the exploitation of migrant workers and other vulnerable groups.

From nearly 6,000 employment standards issues that the Labour Inspectorate dealt with over a

recent 18 month period, 24 per cent of these issues involved recent migrant workers (those who

2 Data source: Statistics New Zealand’s Survey of Working Life. Access to the data used for this analysis was

provided by Statistics New Zealand under conditions designed to give effect to the security and confidentiality

provisions of the Statistics Act 1975. The results presented here are the work of MBIE, not Statistics New

Zealand.

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have migrated to New Zealand within the past five years). Only about one in ten wage and salary

jobs are held by recent migrants.

The Immigration Amendment Bill (No 2), being led by you as Minister of Immigration, is currently

awaiting its second reading in the House and proposes measures to tackle migrant exploitation.

Proposed changes include increased penalties for employers who exploit migrant workers and new

search powers for Immigration Officers where migrant exploitation is expected.

Additionally, the Labour Inspectorate is increasingly focussing its attention and resources on

enforcement action relating to serious breaches of employment standards in defined sectors. The

Inspectorate is seeking to have a greater impact on labour standards and productivity by removing

deliberately non-compliant and exploitative employers from the labour market and ensuring

remediation of large systemic breaches of employment standards. Particular attention is being paid

to the construction sector in Christchurch, the hospitality sector in Auckland, and the agriculture,

horticulture and viticulture sectors. The Inspectorate’s focus on South Auckland, a region that

presents several high risk factors for labour standards breaches, is an area where the Inspectorate is

committed to dedicating more resource to ensure compliance. Central to this work is collaboration

with other regulatory functions, particularly with Immigration New Zealand, to enhance the whole-

of-government response to these challenges.

However, questions remain about whether the system is positioned to deal with serious non-

compliance. This includes whether there are appropriate incentives for compliance and

proportionate consequences for non-compliance, and appropriate resources to ensure the system

can effectively deliver on its objectives. As a further step in ensuring that the employment

regulatory framework remains fit for purpose, the former Minister of Labour released a discussion

document ‘Playing by the Rules: Strengthening Enforcement of Employment Standards’ to gather

information from a full range of stakeholders in the employment standards system in order to

improve the enforcement and compliance of employment standards. Options floated in the

discussion document include extending the current powers of Labour Inspectors, better information

sharing between Government’s regulatory functions (for instance IRD and INZ) to support

identification and penalising breaches, publicly naming and shaming non-compliant employers, and

greater financial penalties for non-compliant employers. We will report to you shortly on the

outcomes of this consultation and next steps.

An Employment Standards Bill is on the legislative programme

Changes to Paid Parental Leave (PPL) to respond to the changing nature of work – Cabinet decisions on design late 2014

The changing nature of work and family structures have created a growing pressure for PPL

legislation to respond and be more flexible to better serve its objectives. Stakeholders, employers

and employees are increasingly highlighting issues with the ER Act including the unfair exclusion of

many working parents. In addition to this, New Zealand’s PPL entitlements are lower than most

OECD countries. The right PPL provisions can help people stay in the labour market and return to it,

as well as allowing for a work/life balance. To address this, the Government is extending the PPL

entitlements from 14 to 18 weeks and agreed in principle to other legislative changes to better

recognise different working patterns and family arrangements prior to the election. The former

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Minister of Labour released a discussion document in July this year on the technical detail of the

legislative changes and submissions have now closed.

Policy decisions are needed on the design of government proposals to increase eligibility for PPL and

flexibility for taking leave. Legislative change is required as early as possible in 2015 for the changes

to be implemented by the Inland Revenue Department and come into effect by 1 April 2016.

Changes are intended to be incorporated into the Employment Standards Bill.

Appointment to Employment Relations Authority and Remuneration Authority – decision on process by November

In 2015, 11 ERA members’ warrants expire between June and August. Traditionally the recruitment

process can take between 4-6 months. Early in the New Year, you will need to make a decision

about what kind of recruitment process you would like MBIE to run.

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4. Major links with other portfolios

Portfolio Link with the Workplace Relations and Safety portfolio

Employment Issues of labour productivity and participation and how to improve skill development, skill utilisation, and the participation of disadvantaged groups using employment relations levers.

Economic Development

As ownership Minister for MBIE this portfolio has overview of Regulatory Systems performance work programme and whole of Ministry initiatives, including the Regulatory Systems Bill. Individual portfolio Ministers retain policy responsibility for the contents of the Bill within their portfolios.

ACC Effective workplace health and safety management using the levers available to incentivise good workplace practices. Safety Star Rating Scheme and other discount schemes, and injury prevention initiatives in the work area. ACC also collects the Working Safer levy on behalf of Vote Workplace Relations and Safety.

Environment This portfolio sets the controls for hazardous substances and works with labour on issues of overlap/interface between environmental and work controls; enforcement for hazardous substances and high hazard environments such as the offshore petroleum environment.

Immigration Migrant workers, both temporary and permanent, are one group that is potentially vulnerable to poor employment relations and health and safety practices in the New Zealand labour market. Migrant workers make up a significant part of the workforce in low-skilled sectors such as the dairy, horticulture, viticulture, aged care and fishing sectors.

Transport The Civil Aviation Authority and Maritime New Zealand are designated agencies under the Health and Safety in Employment Act 1992. They are responsible for administering the Act for the aviation and maritime industries respectively, and their chief executives are the respective Secretary for the purposes of the Act. The New Zealand Police, in particular the Commercial Vehicle Investigation Unit, has staff who the Secretary of Labour appoints as health and safety inspectors for the purposes of the Health and Safety in Employment Act 1992. These staff undertake investigations and enforcement action for traffic accidents. The NZTA also has an interest in health and safety issues relating to roads and KiwiRail.

Foreign Affairs International labour standards and forums help to maintain New Zealand’s international reputation and facilitate broader ‘NZ Inc’ participation in the United Nations system as well as with regional partners.

Negotiation and implementation of the trade-labour and labour cooperation elements of New Zealand’s free trade agreements.

Māori Affairs Issues of labour productivity and participation and how to improve skill development, skill utilisation, and the participation of Maori using employment relations levers

Energy Issues of Energy Safety (WorkSafe NZ) and linkages between resources and energy matters, particularly petroleum and geothermal.

Building and Housing

Health and Safety obligations for workplace housing arrangements and linkages to building standards (Christchurch earthquake response and the asbestos strategy) and regulation of upstream health and safety duty holders such as engineers and architects. Links between asbestos and other building issues will also need to be considered.

17

Emergency Services

Issues of health and safety in high risk work environments.

Defence Health and Safety workplace management in high risk workplaces and recognising the need for exemptions to enable the specific management of worker participation and working with hazardous substances, particularly in combat situations.

Social Development, Employment

Issues of labour productivity and participation and how to improve skill development, skill utilisation, and the participation of disadvantaged groups using employment relation levers.

Revenue The treatment of wages and other work-related payments for tax purposes, and the resultant impact on business payrolls, and the operation of the Kiwi Saver and Paid Parental Leave schemes.

Fisheries Regulatory responsibility, both for labour and immigration, for the code of practices that, alongside New Zealand legislation, sets the required standards of practice for foreign charter vessels.

Justice Linkages between justice legislation and labour legislation, particularly relating to enforcement tools and prosecution.

Consumer Affairs

Links with product safety.

Police Worst forms of worker exploitation may have links to broader criminal enterprise e.g. trafficking and organised crime. Working closely with Police on how to make the health and safety legislation work effectively with emergency services.

Inland Revenue The Labour Inspectorate works closely with IRD around labour standards breaches. IRD also administers Paid Parental Leave legislation.

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Annex 1: List of upcoming briefings and suggested workshops with officials

Timing Issue Type of decision for Minister Agency Lead

Early October 2014 Vote Workplace Relations and Safety: Brief to Incoming Minister

Information Briefing: No decisions. MBIE

Early October 2014 Vote Workplace Relations and Safety: Brief to Incoming Minister

Information Briefing: No decisions. WorkSafe NZ

Early October 2014 Employment Relations and Standards System Issues and Opportunities

Information Briefing: No decisions. MBIE

Early October 2014 Working Safer Reforms Information Briefing: No decisions. MBIE

Early October 2014 Employment Relations Amendment Bill Overview of the Bill and decisions on addressing potential workability issue in Part 6A amendments

MBIE

Early October 2014 Health and Safety Regulatory Reform Package Information briefing: No decisions MBIE

Mid October 2014 Adventure Activities Update WorkSafe NZ

Mid October 2014 Minimum Wage Review Decisions on process for 2015 review MBIE

Mid October 2014 Playing by the Rules: review of employment standards and changes to Paid Parental Leave scheme

Policy decisions MBIE

Mid October 2014 Introduction to the Labour Inspectorate and its work

Information briefing: No decisions MBIE

Mid October 2014 Crown Entity Monitoring and Engagement Information briefing plus proposals for appointment of MBIE as monitor for WorkSafe NZ and proposed framework for discussion with Chair of WorkSafe NZ.

MBIE

Late October 2014 ACC’s Incentive Products and Safety Star Rating Scheme

Information Briefing: No decisions. MBIE and WorkSafe NZ

Late October 2014 Canterbury Rebuild Information Briefing: No decisions WorkSafe NZ

Late October 2014 Occupational Health/Asbestos Strategy Information Briefing: No decisions WorkSafe NZ

Late October 2014 Introduction to Resolution Services (including Government Centre for Dispute Resolution) and Employment Relations Authority Appointments

Decision on process for 2015 ERA appointments and information on Resolution Services work program

MBIE

Late October 2014 Health and Safety Workforce Development Information briefing: No decisions MBIE and WorkSafe NZ

Late October 2014 High Level Response to the Independent Forestry Panel

Decisions on communications and process required.

MBIE and WorkSafe NZ

Late October 2014 Initial meeting with Board Chair of WorkSafe NZ Information Briefing: No decisions WorkSafe NZ

19

You might find the following subject-specific workshops/meetings useful to hold with officials in your first

month in role:

1. Challenges and Opportunities general discussion (MBIE)

2. Chair and CE: Introduction to WorkSafe and its Priorities (WorkSafe NZ)

3. Employment Relations Amendment Bill Overview (MBIE)

4. Health and Safety Reform Bill (MBIE)

5. Adventure Activities (WorkSafe NZ and MBIE)

6. Independent Forestry Panel response (MBIE and WorkSafe NZ)

7. Health and Safety Regulations (MBIE)

8. Working Safer: general (MBIE and WorkSafe NZ)

9. Key priority areas: Canterbury and Occupational health/Asbestos (WorkSafe NZ)

10. Employment Standards Review and PPL (MBIE)

11. Minimum Wage Review (MBIE)

12. Safety Star Rating (WorkSafe NZ and MBIE)

13. Workforce Development (MBIE and WorkSafe NZ)

November 2014 Health and Safety Reform Bill Cabinet papers on changes to the Bill arising from select committee

MBIE

November 2014 Health and Safety Phase One: Regulations Cabinet papers on policy decisions on first tranche of regulations

MBIE

November 2014 Commentary on WorkSafe NZ’s First Quarter Report

Information briefing and draft response to Chair of WorkSafe NZ (if required)

Report: WorkSafe NZ

Advice: MBIE

November 2014 Draft Letter of Expectation for WorkSafe NZ Proposed letter for signature or amendment

MBIE

November 2014 MBIE 4 year plan Discussion will be required on funding pressures

November 2014 Possible Ratification of the Maritime Labour Convention

Information briefing and decisions on how to proceed

MBIE

November 2014 Participation in WorkSafe NZ Strategic Planning Day

Information Briefing: No decisions WorkSafe NZ

December 2014 Health and Safety: Government as an Employer Cabinet paper MBIE and WorkSafe NZ

December 2014 Playing by the Rules: review of employment standards and changes to Paid Parental Leave scheme

Cabinet paper MBIE

December 2014 International Labour Organisation engagement Information briefing: No decisions MBIE

December 2014 Serious Injury Outcome Indicators Data Release Information Briefing: No decisions MBIE

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Annex 2: Crown entities, institutions and statutory bodies

1. The institutions and statutory and advisory bodies associated with the portfolio are:

a WorkSafe New Zealand (WorkSafe NZ).

b Employment Relations Authority (ERA)

c Remuneration Authority (the Authority)

d Mines Rescue Trust (the Trust)

e Equal Employment Opportunities Trust (the EEO Trust)

2. Each entity is discussed below. MBIE will be seeking your agreement to the appointment process

in the coming months for members’ terms that expire in 2015.

3. MBIE provides you with support in your monitoring of these entities. A briefing will be sent to

you in October seeking your direction on how you would like this monitoring relationship to

work.

WorkSafe NZ

4. The Minister for Workplace Relations and Safety must appoint at least 5, but not more than 9,

persons as members of the board.

5. When appointing a member of the board, the Minister must have regard to the need to ensure

that WorkSafe NZ has among its members persons who have, collectively, knowledge and

experience of, and capability in, the following:

a public sector governance

b central government processes

c New Zealand’s workplace health and safety environment, including workplace illness and

occupational disease

d perspectives of workers

e perspectives of employers

f administration of workplace health and safety legislation and risk management

frameworks

g business generally.

6. The Minister may not appoint any member of the board unless the Minister has first publicised

an invitation for nominations from interested parties and considered any nominations received.

More detailed information about WorkSafe NZ will be provided in their follow-up briefing to

you.

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Members of the WorkSafe NZ Board

Member Date of original

appointment

Expiry date of

present term

Professor Gregor

Coster (Chair)3

16 December 2013 16 December 2016

Kerry Prendergast4 16 December 2013 16 December 2016

Ross Wilson 16 December 2013 16 December 2016

Christopher Ellis 16 December 2013 16 June 2016

Dr Patrick Strange 16 December 2013 16 June 2016

Don Stock 16 December 2013 16 December 2015

Paula Rose 16 December 2013 16 December 2015

Employment Relations Authority

7. The ERA is an investigative body with the role of resolving and making determinations about

employment relationship problems that cannot be solved through mediation or other means.

The ERA is funded for 18 members and has offices in Auckland, Wellington, and Christchurch,

and members travel when required. MBIE provides support to the ERA.

8. Eleven members’ warrants are due to expire between June and August 2015. Action to fill ERA

vacancies will need to commence soon after the election. Further information about filling ERA

vacancies is in Section 3 of this document.

Members of the Employment Relations Authority

Members whose warrants expire and were re-appointed for 1 year

Member Location Date of original

appointment

Expiry date of

present term

Vicky Campbell5 Auckland 1 August 2014 21 August 2015

Michele Ryan Wellington 24 August 2011 30 June 2015

David Appleton Christchurch 24 August 2011 30 June 2015

Michael Loftus Christchurch 1 June 2010 30 June 2015

Rosemary Anne Monaghan (Chief) Auckland 2 October 2000 21 August 2015

James Crichton Auckland 22 September 2004 21 August 2015

3 Gregor Coster is also a member of the ACC Board.

4 Kerry Prendergast is also the Chair of the Environmental Protection Agency Board.

5 Vicky Campbell also served on the Authority from December 2003 until August 2011.

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Members whose warrants expire after a full 3 year term

Member Location Date of original

appointment

Expiry date of

present term

Gregory Jowett Wood Wellington 2 October 2000 21 August 2015

Christine Hickey Christchurch 23 April 2012 21 August 2015

Anna Mary Fitzgibbon Auckland 23 April 2012 21 August 2015

Patricia Anne MacKinnon Wellington 9 July 2012 21 August 2015

Tania Georgina Tetitaha Auckland 9 July 2012 21 August 2015

Remaining members

Member Location Date of original

appointment

Expiry date of

present term

Helen Doyle Christchurch 19 December 2001 18 December 2016

Paul Rodney Stapp Wellington 2 October 2000 3 February 2017

Eleanor Robinson Auckland 1 July 2010 3 February 2017

Rachel Larmer Auckland 1 July 2010 3 February 2017

Robin Bain Arthur6 Auckland 29 July 2013 3 February 2017

Vacancy Auckland

Remuneration Authority

9. The Remuneration Authority is responsible for annually considering and determining the salaries

and allowances of Members of the House of Representatives and the Judiciary, the

remuneration and principal allowances for specified Statutory Officers, and the remuneration,

allowances and expenses for Chairpersons and Members of Local Authorities and Community

Boards.

10. The Members of Parliament (Remuneration and Services) Act 2013 has widened the

responsibilities and accountabilities of the Authority in respect to determining some

accommodation services for Members of parliament and Ministers, and travel services for

spouses and dependants of Members and Ministers.

6 Robin Arthur also served on the Authority from June 2005 until July 2012.

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11. The Authority is comprised of a Chair and two members, all of whom are part time. The Chair’s

warrant expires in June 2015 and he does not intend to seek another term. Recruitment for the

Chair role will need to commence at the beginning of 2015.

Members of the Remuneration Authority

Member Location Date of original

appointment

Expiry date of

present term

John Geddes Errington (Chair) Wellington 21 September 2009 30 June 2015

Angela Foulkes Wellington 7 March 2005 30 June 2016

Diane Morcom Wellington 16 February 2011 30 June 2016

The Mines Rescue Trust

12. The membership of the Trust is defined by the Mines Rescue Trust Act 1992 (the Act), but they

are not appointed by the Minister. Each organisation identified in the Act nominates their

representative.

13. The required members are:

a one person appointed by the Chief Executive of MBIE (non-voting member)

b two from Solid Energy

c one from the Coal Association

d one from the Engineering, Printing and Manufacturing Manufacturers Union

e one representative of West Coast mine owners.

14. As well as these, the Trust can appoint additional members as required (there are two of these

currently).

Members of the Mines Rescue Trust

15. The Mines Rescue Trust (the Trust) provides specialist emergency rescue services for coal mines,

underground metalliferous mines and long tunnels.

16. The Trust is a charitable trust that is also recognised by the Minister for Workplace Relations and

Safety under the Mines Rescue Act 2013 (the Act). The Act sets out statutory functions to assist

mining operations with emergency planning, to train and equip special mines rescue brigades,

and to deploy those brigades in the event of an emergency. The Act and accompanying Mines

Rescue (Levy) Regulations 2014 provide an industry levy to fund the functions. The Trust is

governed by a board that represents levy payers as specified in the Act. Each group of levy

payers nominates their representative (they are not appointed by the Minister). The required

members are:

a one person appointed by WorkSafe NZ (non-voting member)

b two who represent mine operators of underground coal mines

c one who represents mine operators of opencast coal mines

d one who represents mine operators of underground metalliferous mines

24

e one who represents tunnelling operators, and

f one from the Engineering, Printing and Manufacturing Manufacturers Union.

In addition, the Trust can appoint additional members as required (there are two currently).

17. Current members of the Mines Rescue Trust Board are:

Member Organisation

Dave Bellett WorkSafe NZ

Paul Hunt Solid Energy NZ

Andrew Holley Roa Mine

Richard Tacon Bathurst Resources

Kevin Pattinson Oceanagold

Joe Edwards McConnell Dowell

Ray Urquhart Engineering, Printing and Manufacturing Union

Dave Stewart Mining Consultant

18. MBIE administers the legislative framework governing the Trust and its levy. A new Act and levy

regulations came into force in 2014 as part of the Government’s response to the

recommendations of the Royal Commission on the Pike River Coal Mine Tragedy (that the Trust’s

functions needed to be clearer, and its levy adequate and equitable). WorkSafe NZ’s High Hazard

Unit has close operational relationships with the Trust.

Equal Employment Opportunities Trust

19. The Equal Employment Opportunities (EEO) Trust is a charitable trust that was established

jointly by the Government and private sector employers in 1992. The aim of the EEO Trust is the

voluntary promotion of equal employment opportunities to employers as good business

practice.

20. The EEO Trust is governed by Trustees representing the private and public sectors. The five

private sector trustees are elected by EEO Trust members and the four public sector trustees are

nominated by the Minister for Workplace Relations and Safety and the Minister for Women.

Peter Hughes, who was a public sector trustee when he was Chief Executive of the Ministry of

Social Development, has remained in an ex-officio capacity.

21. The EEO Trust is resourced by fees from member organisations and Government contributions.

22. From July 2011, the Government’s contribution to the EEO Trust was reduced by approximately

60 per cent to its current level of $369,000 to match employer subscriptions. In July 2012,

Cabinet approved:

a a one-off payment of $0.110 million towards change management costs

b a time-limited increase of $0.054 million from 2012/2013 to 2015/16 in the cap on the

appropriation of the Trust.

25

23. The funding arrangements for the EEO Trust will be evaluated in 2015 to ensure the Government

does not continue to provide funding once it is no longer needed.

Four appointments can be made to the Board of Trustees

24. The EEO Trust is governed by a Board of Trustees with representatives from the private and

public sector. The five private sector trustees are elected by the private sector members of the

EEO Trust and the four public sector trustees are jointly appointed by the Minister for Workplace

Relations and Safety and the Minister for Women.

25. There are currently four public sector trustee vacancies on the EEO Trust Board (list of trustees

below). Advice on appointing public sector trustees will be provided to you before the end of the

year.

26. All of the private sector trustees on the EEO Trust Board have had their terms expire. The private

sector trustees continue to act on the EEO Trust Board and their reappointment will be

discussed at the EEO Trust’s next annual general meeting.

Name Organisation Date of Original

Appointment

Expiry date of present

term

Private Sector Trustees

Michael Barnett

(Chair)

Auckland Regional

Chamber of Commerce

and Industry

2001 24 November 2013*

Kate Daly Fletcher Building 11 August 2009 10 August 2012*

Felicity Evans ANZ National Bank 10 August 2006 10 August 2012*

Jo Wills J B Wills & Company 25 November 2010 24 November 2013*

Neil Porteous Elevator Group 25 November 2010 24 November 2013*

Public Sector Trustees

Vacancy

Vacancy

Vacancy

Vacancy

*The appointment of private sector trustees will be discussed at the next annual general meeting.

26

Annex 3: Departmental Funds and Appropriations

Vote Workplace Relations and Safety 2014/15

($,000’s)

Employment Relations Services

$26,174

Total

Departmental

Annual and

Permanent

Appropriations

$45,965

Ministerial Services

$2,035

Policy Advice

$6,251

Advice, Information and Education

Shared Services

$11,505

Advice, Information and Education

Resolution Services

Labour Inspectorate

Employment Relations Authority

International Strategy and Partnerships Policy

Employment Relations and Standards Policy

Health and Safety Policy

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Annex 4: Contestable Funds and Trusts

1. Supporting the Employment Relations framework are two funds that MBIE manages on behalf of the

Minister for Workplace Relations and Safety:

a the Industrial Relations Foundation (IRF)

b the Employment Relations Education (ERE) Contestable Fund.

2. Both these funds have funding that can be allocated during the 2014/2015 financial year:

a The IRF allocates $40-50,000 for funding annually (however the Trust’s Steering Group has

decided not to run a funding round in 2015).

b The ERE has been fully allocated $601,000 to the SafeRebuild Canterbury initiative to support

their Health and Safety Champion course for 2014/15.

The Industrial Relations Foundation

3. The Industrial Relations Foundation (IRF) is an educational trust established in 1977 under the

Charitable Trusts Act 1957. The purpose of the IRF is to promote, through education, better industrial

relations within New Zealand. The trustees of the IRF, whose functions include awarding the grants,

are:

a the Minister of Workplace Relations and Safety (Chairperson)

b the President of Business New Zealand (Business NZ)

c the Chief Executive of Business NZ

d the President of the New Zealand Council of Trade Unions (NZCTU)

e the Secretary of NZCTU.

4. A Steering Group advises the trustees on applications for grants, how best to achieve its aims, fund

management, and administrative matters. The Steering Group consists of:

a the Chief Executive of MBIE or their nominee

b the Chief Executive of Business NZ or their nominee

c the Secretary of NZCTU.

5. As at 31 August 2014 the IRF assets totalled $489,800. The Trust has usually sought applications for

funding annually, but at times less frequently. The Trust is not planning to run a funding round in

2015. Applications are considered and decided on by the Trustees, and MBIE provides briefings to the

Minister to seek input to funding decisions. In this year’s funding round, grants have been paid to the

following organisations:

28

Name Organisation Proposal Funding

approved

incl. GST

Barry

Foster

Massey University To undertake a study to determine the inter-

relationship between employment relations

practices and occupational health and safety

outcomes in selected small to medium sized

enterprises.

$10,000

Jill

Clendon

New Zealand

Organisation of

Nurses

To examine barriers and facilitators to implementing

flexible working hours and career planning for older

nurses in the workplace.

$10,000

Bronwynn

Maxwell

Women’s

Working Resource

Centre

Centres on young people in precarious or insecure

working arrangements by researching and designing

a communication strategy that targets interacting

with this population group and produces a practical

value to those who are reaching out to young

workers in insecure working arrangements.

$10,000

Philip

Morrison

Victoria University

of Wellington

To access and analyse the 2012 Survey of Working

Life in order to better understand the nature and

dynamics of insecure work (non-standard) in New

Zealand.

$10,000

Natia

Tucker

Puataunofo Come

Home Safely

To raise employers’ awareness of the role that

employment relations practices can play in attaining

positive health and safety outcomes for Pasifika

workers within the manufacturing industry.

$10,000

Employment Relations Education Contestable Fund

6. The aims of the Employment Relations Education (ERE) Contestable Fund are to:

a increase skills and knowledge of employment matters, including health and safety issues

b improve relationships in the workplace

c enable employers, employees, and unions to deal with each other in good faith.

7. In the 2014-15 financial year, a single allocation of $601,000 was made to a joint Business NZ and

NZCTU application for a Safe Rebuild Canterbury project. In previous years, allocations have been

made to a range of groups including employers and unions to promote and provide training on

health and safety and employment relations matters.

8. In June 2014, the Ministers of Labour and Finance agreed to an in-principle expense transfer of

$0.791 million in unspent 2013-14 Employment Relations Contestable funds to Employment

Relations Contestable funds 2014-15 non departmental output class. It was agreed that the

$0.791 million be apportioned as follows:

a. $0.101 million toward Safe Rebuild Canterbury

29

b. $0.690 million toward the implementation of Working Safer by funding transitional

arrangements for Health and Safety Representative training.

9. Pending further information, MBIE would request the Minister for Workplace Relations and Safety’s

agreement to procure an appropriate mix of online and face-to-face transition training for Health

and Safety Representatives to ensure the effective implementation of the new health and safety

regime.

10. MBIE will also be seeking the Minister for Workplace Relations and Safety’s intention as to the

future direction of the fund and will present a range of options for your consideration. After four

years of health and safety focussed training in Canterbury it is timely to consider options for the

future of the fund beyond 2014-15.

30

Annex 5: Key stakeholders

Crown Entities and Other Related Bodies

WorkSafe NZ Chair: Gregor Coster

Deputy Chair: Ross Wilson

Chief Executive: Gordon MacDonald

ACC Chair: Paula Rebstock

Chief Executive: Scott Pickering

Employment Relations Authority Chief: Rosemary Monaghan

Canterbury Earthquake Recovery Authority Chief Executive: Roger Sutton

General Manager Christchurch Central: Greg Wilson

Equal Employment Opportunities Trust See list of trustees in section 3

Remuneration Authority See list of members in section 3

Worker/Union

Council of Trade Unions President: Helen Kelly

Secretary: Peter Conway

Service and Food Workers Union National Secretary: John Ryall

Other Business Stakeholders

Business Leaders’ Health and Safety Forum Chair: Rob Jager

Executive Director: Julian Hughes

Business New Zealand Chief Executive: Phil O’Reilly

Manager, Employment Relations: Paul Mackay

Canterbury Manufacturers’ Association Chief Executive: John Walley

Employers and Manufacturers Association (Northern) Chief Executive: Kim Campbell

Health and Safety Association of New Zealand (formerly

HASPA)

Chair yet to be determined

31

Annex 6: MBIE key contacts

David SmolChief Executive

MBIEDDI: Cell:

[email protected]

Greg PatchellDeputy Chief Executive

Market ServicesDDI:

Cell: [email protected]

Cath AtkinsActing Deputy Chief Executive

Labour & Commercial EnvironmentDDI:

[email protected]

Mark SteelGeneral Manager

Trade & International EnvironmentDDI:

Cell: [email protected]

George MasonGeneral Manager

Labour InspectorateDDI:

Cell: [email protected]

Kirstie HewlettGeneral Manager

Labour EnvironmentDDI: Cell:

[email protected]

Adrienne MeikleGeneral Manager

Resolution ServicesDDI:

Cell: [email protected]

Bronwyn TurleyManager

Health, Safety & Compensation Frameworks PolicyDDI: Cell:

[email protected]

Rob HodgsonManager

Health, Safety & Compensation Systems Policy

DDI: Cell:

Rob. [email protected]

Gerard ClarkManager

Employment Standards PolicyDDI:

[email protected]

Jo HughesManager

Employment Relations PolicyDDI:

Cell: [email protected]

Scott McHardyManager

International Strategy & PartnershipsDDI:

Cell: [email protected]

Ross van der SchyffActing General Manager

Client Advice, Services & EducationDDI: Cell:

[email protected]

Lloydt
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