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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations made by Business New Zealand (BusinessNZ), received on 1 September 2021, as well as the observations from the New Zealand Council of Trade Unions (NZCTU), which were received with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Operation of the consultative procedures. The Committee notes that the Government reports an increased level of consultation and collaboration with the social partners due to the range of policy reforms proposed and the challenges experienced in developing a comprehensive social, economic and health response to the COVID-19 pandemic. It indicates that this has resulted in a more structured approach applied to specific issues (in the form of taskforces or working groups), but that the Convention continues to be applied largely in an informal manner, with regular meetings on matters of interest, supported by more formal processes as required. The main tripartite body is the Future of Work Tripartite Forum, which first met in August 2018 and investigates the challenges and opportunities presented by the changing nature of work and employment. The Government indicates that it is willing to consider whether other mechanisms could be employed to ensure a smoother process of tripartite consultation and dialogue across the issues covered by the Convention, provided that they do not introduce unnecessary formality or rigidity. In its observations, BusinessNZ indicates that the flexibility of New Zealand’s informal consultation process provides greater opportunity for collaboration than a more formal structure. It also reports, however, that the more recent consultations have often involved organizations beyond the social partners, which has not always been conducive to achieving practical solutions. The Committee requests the Government to continue to provide information on the content and outcome of consultations held with the social partners to examine the manner in which the Convention could best be applied and to take the necessary measures to improve the operation of the procedures ensuring effective tripartite consultation with respect to the matters covered by the Convention.

Articles 2 and 5. Effective tripartite consultations. The Committee previously noted the Government’s indication that, in addition to consultations on the matters required under Article 5(1) of the Convention, both the NZCTU and BusinessNZ have been part of the Joint Working Group on Pay Equity Principles, the Film Industry Working Group and the Tax Working Group. The Government adds that the tripartite consultations on pay equity and the film industry resulted in proposals for legislative change. The Government also provides examples of efforts made to promote a culture of social dialogue and consultation through engagement of the social partners in groups and task forces, including: (i) the Fair Pay Agreements Working Group 2018; (ii) the Review of Temporary Migrant Exploitation Consultation Group; and (iii) the Regional Skills Leadership Groups established to help manage changing skills and workforce needs and support the recovery of labour markets disrupted by COVID-19. With respect to the effective tripartite consultations held during the reporting period on the matters covered by Article 5(1) of the Convention, the Committee notes with interest the Government’s indication that consultations with the social partners took place in 2018 and 2019 in relation to the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, which New Zealand ratified on 13 December 2019 (Article 5(1)(c)). The social partners were also consulted with respect to the 2019 ILO Survey on Maritime Conventions and Recommendations, the abrogation of eight Conventions, the withdrawal of nine Conventions and 11 Recommendations. The Committee further notes that the NZCTU, in its observations, indicates that it has participated actively in each of the above-mentioned opportunities for tripartite consultation, which have been productive in contributing to effective policy development. The Committee requests the Government to continue providing updated 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.

Article 4(2). Training. The Government reports that: (i) there are no current arrangements to finance the training of participants in consultative procedures; (ii) the resourcing of specific consultative arrangements is determined on a case-by-case basis; and (iii) it is aware of the importance of capacity and resourcing to ensure effective consultation and dialogue. The Committee requests the Government to provide updated information on any arrangements made for the financing of any necessary training of participants on the consultative procedures. It reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

COVID-19. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic.  The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

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)).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of Business New Zealand communicated with the Government’s report.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that in New Zealand the Convention is applied in an informal manner and that tripartite partners are able to contact each other at any time to discuss ILO matters. It adds that these constructive relationships are supported by more formal meetings and regular consultation processes. Business New Zealand is of the view that this informal approach leads to more successful outcomes than a more formal process could achieve. Formal meetings can be held should these be found necessary. Moreover, the Committee notes from the report the information concerning the tripartite consultations held on matters relating to international labour standards, including consultations on the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006). The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held concerning international labour standards.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Effective tripartite consultations required by the Convention. The Committee notes the report provided by the Government in October 2012 on the application of the Convention. The Committee invites the Government to provide detailed information on the tripartite consultations held during the next reporting period on each of the matters related to international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Tripartite consultations required by the Convention. In its report received in October 2004, the Government indicates, among other matters, that it has envisaged, in collaboration with Business New Zealand and the New Zealand Council of Trade Unions (NZCTU), the possibility of the ratification of fundamental Conventions Nos. 87 and 138. The Government indicates that, after an assessment was undertaken and consultations held with the representative organizations, it was decided not to ratify Convention No. 87 at this time. A report is to be submitted to the Office on Convention No. 138 with a view to undertaking a general assessment of the situation. The Committee requests the Government to keep it informed of any developments which may occur concerning the possibility of ratifying fundamental Conventions Nos. 87 and 138 and requests it to continue providing full information on the consultations held on the matters set out in Article 5, paragraph 1, during the period covered by the next report.

2. Effective tripartite consultations. The Government reports the efforts made to stagger the sending to the representative organizations of the reports to be submitted under article 22 of the ILO Constitution so as to afford the tripartite partners sufficient time to make their comments. The Committee refers to the comments of the New Zealand Council of Trade Unions (NZCTU) and trusts that the Government will continue its efforts in this respect so as to ensure effective tripartite consultations (Articles 2 and 5, paragraph 1(d), of the Convention).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the Government’s detailed and comprehensive report. It notes that Business NZ confirmed the satisfactory nature of the Government’s informal processes for tripartite consultation, and the New Zealand Council of Trade Unions (NZCTU) had no comments to make on the report. It trusts that the Government will continue to provide full information in future reports on the manner in which effect is given to the provisions of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the information provided in reply to its direct request of 1997. It also notes the observations made by the New Zealand Council of Trade Unions (NZCTU) and by the New Zealand Employers’ Federation (NZEF), which were transmitted with the Government’s report.

In its previous comments, the Committee had noted difficulties in the implementation of certain provisions of the Convention, and particularly Article 2 of the Convention. It noted in this respect the comments by the NZCTU alleging that there was no formal structure or process to ensure that "effective" tripartite consultations take place regularly on the subjects covered by Article 5(1). The Committee had requested the Government to take the necessary measures to respond to the concerns expressed by the NZCTU which regretted, among other matters, the very short response time accorded before the transmittal of the reports to be sent to the ILO. The Committee notes that the NZCTU, with reference to the consultation on the Government’s reply to the questionnaire on safety and health in agriculture which was to be discussed at the 89th Session of the International Labour Conference, reiterates its allegations that the response times accorded were too short. The NZCTU also makes observations concerning the application of Article 5(1)(c). The Committee requests the Government to make any comments which it considers appropriate in reply.

The Committee welcomes the very detailed information provided in the Government’s report and notes with interest the progress achieved in the implementation of the above provisions of the Convention, and particularly the establishment of a new procedure for tripartite consultation welcomed by the NZCTU and the NZEF. The Committee requests the Government to continue to provide full information in future reports on the manner in which effect is given to these provisions of the Convention.

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

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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the record of the tripartite meeting held on 1 February 1993 on the consultative procedures envisaged by the Convention and notes, with reference to its earlier comments, that an agreement was reached between the Government and the representative organizations on the form of the procedures covered by Article 5, paragraph 1, of the Convention with regard to the matters set out in points (a), (b) and (d). It notes that point (c), concerning the re-examination at appropriate intervals of unratified Conventions, gave rise to particular difficulties due to the large number of Conventions to be examined and the resources that would be needed to examine them in depth. The record of the tripartite meeting held on 1 February 1993 states that, although it was not possible to establish adequate consultation procedures on this matter, the parties nevertheless agreed to the basic features of the process. The Committee would be grateful if the Government would indicate in its next report any progress achieved in this respect and if it would provide full information on this point.

With regard to the consultations envisaged under point (d), concerning questions arising out of reports due to the ILO under article 22 of the Constitution, the record of the tripartite meeting states that it was agreed to adopt the same process as that established for the consultations envisaged under point (a). However, the Committee notes from the comments made by the NZCTU on the Government's report, that the delays between the receipt of the reports for consultation and their transmission to the ILO are insufficient to ensure effective consultations within the meaning of the Convention. The Committee wishes to remind the Government in this respect that effective consultations, within the meaning of Article 2, paragraph 2, are consultations which enable the representative organizations to take up a useful position on issues relating to the matters enumerated in Article 5, paragraph 1. It trusts that the Government will give its full attention to the question of transmitting the reports due under article 22 of the ILO Constitution in due time to allow long enough for effective consultations on the matters covered by point (d).

Finally, the Committee notes the NZCTU's comments on the issue of the financing of training, covered by Article 4, paragraph 2. It recalls in this respect the observations that it made in its 1982 General Survey on Tripartite Consultation (paragraph 170), which noted that "the wording of the Convention, for its part, does not lay the responsibility for the financing of training on any party to the procedures but requires merely that appropriate arrangements be adopted; in particular, it could not be interpreted as requiring the competent authority to assume these expenses to the extent that they are not covered by the organizations concerned."

Nevertheless, the Committee would be grateful if the Government would indicate whether any such arrangements have been adopted or are envisaged.

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

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information contained in the Government's report. It also notes the comments of the New Zealand Employers' Federation, which concur with the Government's report, and of the New Zealand Council of Trade Unions (CTU), which has expressed dissatisfaction with the present consultation practice and requests clearly defined procedures for more formal consultations. In particular, the CTU considers that the new industrial relations system introduced by the Employment Contracts Act of 1991 and a change in government attitudes towards trade unions have affected tripartite consultations under this Convention.

The Committee further notes from the report that the Government has met the President of the Council of Trade Unions to discuss the issue and that a further tripartite meeting is planned to review the consultative procedures. The Committee asks the Government to supply in its next report information about any changes in the procedures concerning tripartite consultation.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted with interest the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide additional information on the following points:

Article 5, paragraph 1(c), of the Convention. The Committee ascertains from the Government's report that employers' and workers' organisations would be consulted if ratification of a Convention is a definite prospect, whereas this provision has a larger scope and implies that the required consultations should be held at an earlier stage. It requests the Government to supply information on the measures taken to ensure that, as provided for in the Convention, consultations on the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given are held to consider the measures which might be taken to promote their implementation and ratification as appropriate.

Article 6. Please give particulars of the consultations that have eventually taken place with the representative organisations on the opportunity of issuing an annual report on the working of the consultation procedure in force. As noted by the Committee in its General Survey (paragraphs 178-179) the wording of this Article is flexible, and the report required could take the form of a section of a general report, for example the annual report of the Ministry of Labour or the annual report of the Government delegation to the International Labour Conference.