Effect given to the recommendations of the committee and the Governing Body - Report No 324, March 2001

Case No 1698 (New Zealand) - Complaint date: 08-FEB-93 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 66. The Committee last examined this case at its November 1999 meeting [318th Report, paras. 66-68] at which time it strongly reiterated its previous conclusion that provisions that prohibit strikes, if they are concerned with the issue of whether a collective employment contract will bind more than one employer, are contrary to the principles of freedom of association on the right to strike; therefore, the Government was requested to amend section 63(e) of the Employment Contracts Act (ECA).
2. 67. In a communication dated 28 September 2000, the Government indicates that the Employment Relations Act (ERA), which repeals the ECA, will come into force on 2 October 2000. In particular, the Government indicates that the ERA effectively promotes collective bargaining and permits strikes over whether a collective agreement will bind more than one employer, in accordance with established ILO principles.
3. 68. In a communication dated 16 November 2000, the New Zealand Council of Trade Unions (NZCTU), which was the complainant organization in that case, indicated its desire to withdraw its complaint against the Government of New Zealand since the 1991 Employment Contracts Act has now been repealed.
4. 69. The Committee takes note of this information and, in particular, the changes in the arrangements for multi-employer agreements brought about by the Employment Relations Act, with satisfaction.