Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes the Government's report and the information supplied in answer to its previous direct request. It also notes the observations made by the New Zealand Council of Trade Unions (NZCTU) and the New Zealand Employers' Federation, which the Government sent with its report.

Article 2 of the Convention. The Committee notes the NZCTU's comment that there is no formal structure or process to ensure that regular tripartite consultations take place on the matters concerning ILO activities laid out in Article 5, paragraph 1, of the Convention. The NZCTU also reiterates its objection concerning the over-formal nature of the consultations, which precludes real substantive dialogue on the subjects discussed. The New Zealand Employers' Federation, on the other hand, stresses its appreciation of the relatively informal nature of the consultation procedures. It also indicates that, although the time frame for responding to article 22 reports is still tight, the Federation has always been able to provide comment on government reports. In its reply to the Committee's earlier comments the Government states that, as a result of discussions with the representative organizations in September 1996, it has introduced a new consultation process which should give them enough time to reply.

The Committee wishes to remind the Government that the nature and form of the procedures provided in this Article must be such as to ensure effective consultations enabling the representative organizations to comment usefully on the matters set out in Article 5, paragraph 1 of the Convention. It hopes that the Government's next report will inform the Committee of progress made in ensuring such consultations.

Article 5. The Committee notes the information supplied by the Government under this Article. With regard to the application of paragraph 1(c) it notes that the Government simply refers to an earlier report on the application of the Convention. The Government also indicates that it is pursuing consultations on the advisability of ratifying ILO Conventions Nos. 155, 159 and 160. The Committee asks the Government to keep the Office informed of any relevant developments in this area. The Committee notes the NZCTU's allegation that the representative organizations are not consulted other than on the reports to be made to the Office under article 22 of the ILO Constitution, (paragraph 1(d)). It also notes the NZCTU's observation that the Government has still not fulfilled the commitment it made, following the tripartite meeting of 1 February 1993, to engage in the discussions considered necessary in order to determine appropriate consultation procedures on the matters covered in paragraph 1.

In conclusion, the Committee notes that there are still difficulties in applying the provisions of the Convention effectively, particularly those of Article 5, paragraph 1(c) and (d), which are fundamental. The Committee notes from the comments made by the two organizations that the time between the receipt of the reports for consultation and their despatch to the ILO is still too short to ensure effective consultations within the meaning of the Convention. It asks the Government to take all necessary steps to respond to the concerns raised again by the NZCTU and the New Zealand Employers' Federation, and to provide information on any progress made in this respect.