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NZ Law Change Restores Balance – Fairer Rules For Partial Strikes
NZ Law Change Restores Balance – Fairer Rules For Partial Strikes

Scoop

time25-06-2025

  • Politics
  • Scoop

NZ Law Change Restores Balance – Fairer Rules For Partial Strikes

Hon Brooke van Velden Minister for Workplace Relations and Safety The Government has passed a change to the Employment Relations Act that reinstates the ability for employers to make pay deductions during partial strikes – making the system fairer for all, Workplace Relations and Safety Minister Brooke van Velden announced today. 'These changes will help both employers and unions to return to the bargaining table and restores the law to what it was before the previous government removed this option in 2018. 'I acknowledge the right of workers to strike in support of their collective bargaining claims, the right to strike remains,' says Ms van Velden. 'The changes were needed to ensure a fairer bargaining process and minimise the disruption partial strikes have caused to public and customer services. 'The key benefit for all workers and the public is less disruption to our communities – partial strikes had serious impacts on Kiwi families, students, patients, and other workers across our workplaces,' says Ms van Velden. Some of the impacts included MRI and nuclear medicine technologists limiting scans, around 50 per cent fewer procedures were done. That meant delays in early cancer treatment, growing waitlists, increased outsourcing costs and pressure on front-line staff to pick up the work of others participating in the partial strikes. In 2023, teachers took partial strike action, refusing to teach certain year levels on specific days. This disrupted student learning and made it hard for some parents to work. 'Rebalancing collective bargaining settings will support the Government's priority to deliver better public services, by reducing disruption and maintaining a high quality of service,' says Ms van Velden. This new law allows for pay to be deducted during partial strikes, but it's up to each affected employer to decide how they respond to partial strikes when they occur. Notes: What is partial strike and what did it mean prior to this change A partial strike is industrial action that would normally involve turning up to work but refusing to partake in parts of the job. Until now, if an employee was on a partial strike, their employer could not deduct their pay unless they suspended the employee or issued a lockout notice. Other noted impacts on the communities: Since mid-September 2024, NZDF PSA union members have been 'working-to-rule', and from November, they have been taking coordinated breaks and stopped working at heights or off-site. In response, the Minister of Defence has authorised uniformed personnel to cover civilian work in some selected areas. In September 2024, train operators in Wellington began work-to-rule industrial action including refusing shift changes, leading to disruption for travellers. What these changes mean Employers can respond to a partial strike by either: a) reducing an employee's pay by a proportionate amount, calculated in accordance with a specified method that is based on identifying the work that the employee will not be performing due to the strike, or b) deducting 10 percent of their wages. Employers will have to provide written notification to employees that they will be reducing their pay before the deduction is made (the amount of deduction is not required in the notice). If the union believes the employer has incorrectly applied a pay deduction, the union must advise the employer of that as soon as practicable, after receiving the employer's information on how they calculated the specified pay deduction if relevant. The union can apply to the Employment Relations Authority, who can determine whether the employer has correctly applied the deduction. Employers do not have to deduct pay in response to partial strikes – this simply provides an additional tool for how they can respond to a partial strike, if it works for them.

Increases To Paid Parental Leave Rates To Help Families
Increases To Paid Parental Leave Rates To Help Families

Scoop

time16-06-2025

  • Business
  • Scoop

Increases To Paid Parental Leave Rates To Help Families

Hon Brooke van Velden Minister of Workplace Relations and Safety New parents can expect more support to take time away from work to care for their children from 1 July, with an increase to the maximum weekly rate of paid parental leave up from $754.87 to $788.66 per week, Workplace Relations and Safety Minister Brooke van Velden announced today. 'It is important to me that families receive the support they need to give their child the best start in life, and having those first weeks together is critical,' says Ms van Velden. The minimum parental leave payment rate for self-employed parents will increase this year from $231.50 to $235 gross per week to reflect the minimum wage increase on 1 April this year. Eligible parents can receive payments for up to 26 weeks. 'Congratulations to all the new parents starting an exciting chapter of their lives. This will look different for different families, so whether you have just given birth, adopted, or had a child born through surrogacy, the scheme is there to support you and your family.' 'The scheme also applies to Kiwis who have experienced miscarriage or still birth, and to women who have acted as surrogates, which can be difficult both emotionally and physically. Women in those situations can access paid parental leave to take time away from work to recover.' 'I acknowledge it continues to be tough for families right now. Paid parental leave is one way the Government can help ease the pressure of cost of living for families when they are away from work caring for children,' says Ms van Velden. The Employment New Zealand website has the most up-to-date information about parental leave, including eligibility, payments and returning to work. Notes: The increase to paid parental leave rates is a legislated annual increase under the Parental Leave and Employment Protection Act 1987. Under the Parental Leave and Employment Protection Act 1987, eligible parents are entitled to payments equal to their normal pay up to the current maximum rate. The maximum rate is adjusted annually to account for any increase in average weekly earnings. The minimum rate for self-employed parents is equivalent to 10 hours worked per week at the adult minimum wage, which is now $23.50 per hour.

WorkSafe Makes Significant Shift To Rebalance Its Activities, Launches Road Cone Hotline
WorkSafe Makes Significant Shift To Rebalance Its Activities, Launches Road Cone Hotline

Scoop

time02-06-2025

  • Business
  • Scoop

WorkSafe Makes Significant Shift To Rebalance Its Activities, Launches Road Cone Hotline

Hon Brooke van Velden Minister for Workplace Relations and Safety As part of a broader suite of health and safety reforms, the Government has agreed to a range of changes that will significantly refocus WorkSafe from an enforcement agency to one that engages early to support businesses and individuals to manage their critical risks, Workplace Relations and Safety Minister Brooke van Velden says. 'During my public consultation, I heard many concerns from a wide range of Kiwi businesses and workers about WorkSafe's inconsistency, culture and lack of guidance. It was a constant theme on the roadshow from all parts of the country. 'I have listened to these concerns and today I am sharpening the focus of WorkSafe to change the culture of the agency. For too long, businesses and employers have asked for more guidance and help from WorkSafe on how to comply with health and safety legislation, only to be told it's not WorkSafe's job. 'A culture where the regulator is feared for its punitive actions rather than appreciated for its ability to provide clear and consistent guidance is not conducive to positive outcomes in the workplace. 'Changes begin with today's launch of WorkSafe's road cone tipline to look into and provide guidance on instances of over-compliance in temporary traffic management,' says Ms van Velden. The tipline will be complemented by a joint engagement programme by WorkSafe with NZTA and key industry stakeholders, educating those involved with temporary traffic management to adopt a risk-based approach. 'In addition, WorkSafe has started slashing outdated guidance documents from its website and will be updating guidance where necessary. Fifty documents have already been removed and more will follow. These documents were identified as being no longer relevant, not reflecting current practice and technology, or containing content that is covered by other more up-to-date guidance. Removing and replacing outdated guidance will make it much easier for people to find the help they're looking for and ensures WorkSafe is giving consistent and clear advice. 'I will also restructure WorkSafe's appropriation to increase fiscal transparency and support delivery of my expectations. 'For some time, WorkSafe has struggled to effectively articulate the cost and effectiveness of its activities, making it difficult to monitor and assess the value of activities or the merit of requests for further funding. 'To address this, I will split WorkSafe's appropriation into four new categories Supporting work health and safety practice Enforcing work health and safety compliance Authorising and monitoring work health and safety activities, and Energy safety. 'This change will come into effect later this year and will provide a clear framework that focuses WorkSafe through change in culture and expectations,' says Ms van Velden. 'I want to make sure that the public receives a better experience in their everyday interactions with WorkSafe. The public will be able to provide feedback on the timeliness and effectiveness of WorkSafe's guidance, inspections and other engagements. I expect this will promote continuous improvement,' says Ms van Velden. A Letter of Expectations has been sent to WorkSafe formalising the Minister's expectations of WorkSafe. 'I want to thank WorkSafe's Board, Chief Executive and staff for acknowledging the work ahead, making WorkSafe's work programme fit for purpose,' says Ms van Velden.

Changes To Improve Pay Equity Process
Changes To Improve Pay Equity Process

Scoop

time06-05-2025

  • Politics
  • Scoop

Changes To Improve Pay Equity Process

Press Release – New Zealand Government Pay equity claims have been concentrated in the public sector, with a recent increase in the number of claims in the publicly funded sector. Costs to the Crown have become significant, with the costs of all settlements to date totalling $1.78 billion per … Minister of Workplace Relations and Safety The Government is amending the Equal Pay Act [the Act] to make the process of raising and resolving pay equity claims more robust, workable and sustainable, Workplace Relations and Safety Minister Brooke van Velden announced today. Pay equity is achieved when women and men are paid the same for work that is different but of equal value: for example, care and support workers and mental health assistants perform work that is different but is of equal value. 'It is clear the current Act is not working as intended, and amendments made by the previous government in 2020 have created issues. Claims have been able to progress without strong evidence of undervaluation and there have been very broad claims where it is difficult to tell whether differences in pay are due to sex-based discrimination or other factors. 'The Government is committed to addressing these issues. The new and improved pay equity system will provide greater confidence that genuine pay equity issues will be correctly identified and addressed. 'New Zealand's pay equity regime is an outlier internationally. The Act allows employees and unions to bargain a pay equity settlement with multiple employers. In most countries we compare ourselves to, people raise pay equity claims against their own employer only, or there are legal requirements on employers to proactively take steps to achieve pay equity,' says Ms van Velden. Pay equity claims have been concentrated in the public sector, with a recent increase in the number of claims in the publicly funded sector. Costs to the Crown have become significant, with the costs of all settlements to date totalling $1.78 billion per year. 'These changes will mean the pay equity claim process is workable and sustainable. There are often significant costs involved with pay equity settlements which can involve large workforces [e.g. around 94,000 people for the teachers claim] and we need to ensure the process to raise and resolve claims is robust. 'The changes I am proposing will significantly reduce costs to the Crown,' says Ms van Velden. There will be a better framework and guidance for parties to use to assess whether there is sex-based undervaluation. These changes include: Raising the threshold of 'predominantly performed by female employees' from 60 percent to 70 percent and requiring that this has been the case for at least 10 consecutive years. Ensuring there are reasonable grounds to believe the work is historically and currently undervalued, including a requirement for evidence. Further clarity and guidance on the use of comparators – work performed by men that is different to the claimant's work but has similar skills, responsibilities, levels of experience, or working conditions to the claimant's work. Employers being able to meet their pay equity obligations in a way that is sustainable for their business – for example through phasing of settlements. The changes will discontinue current pay equity claims, but new claims can be raised under the amended Act if they meet the new requirements. Review clauses in existing settlements will become unenforceable. Settled claims can be re-raised 10 years after settlement, if the claim meets the new requirements. The changes are reflected in a Bill introduced today and going through Parliament under urgency, which will amend the Equal Pay Act and take effect the day after Royal assent. Notes: Pay Equity is when people are paid equal amounts for work of equal value. This means that people in different roles, even if the roles are not identical, are paid the same if their work requires similar levels of skill, responsibility, effort, levels of experience and working conditions. Equal Pay is when people are paid the same for the same work. This means that workers in the same role are paid the same. Pay Parity means the same pay for the same work across different employers, organisations and workplaces. Gender Pay gap is the difference between women's and men's earnings in the workforce at a job, organisation, industry, and national level. Comparators refer to work performed by men that is different to the claimant's work, however has similar skills, responsibilities, levels of experience, or working conditions to the claimant's work. This is used for comparison to assess whether, and to what extent, the claimant's work is undervalued based on sex. Examples of problems with the current process Broad claims: the District Health Board Allied/Technical claim covered more than 90 roles, representing work as diverse as pharmacy assistant, wheelchair technician and psychologist in one claim. Comparators: the same comparators (e.g., fishery officers, corrections officers) being used repeatedly across several claims despite substantial differences in working environment and conditions from the claimant employers' workforces. Review clauses: All current settlements must include a review. The short timeframe of the review cycle makes it difficult to determine whether any differences in pay are due to pay equity issues having re-emerged or other factors that are not connected (e.g. the Consumers Price Index).

Changes To Improve Pay Equity Process
Changes To Improve Pay Equity Process

Scoop

time05-05-2025

  • Business
  • Scoop

Changes To Improve Pay Equity Process

Minister of Workplace Relations and Safety The Government is amending the Equal Pay Act [the Act] to make the process of raising and resolving pay equity claims more robust, workable and sustainable, Workplace Relations and Safety Minister Brooke van Velden announced today. Pay equity is achieved when women and men are paid the same for work that is different but of equal value: for example, care and support workers and mental health assistants perform work that is different but is of equal value. 'It is clear the current Act is not working as intended, and amendments made by the previous government in 2020 have created issues. Claims have been able to progress without strong evidence of undervaluation and there have been very broad claims where it is difficult to tell whether differences in pay are due to sex-based discrimination or other factors. 'The Government is committed to addressing these issues. The new and improved pay equity system will provide greater confidence that genuine pay equity issues will be correctly identified and addressed. 'New Zealand's pay equity regime is an outlier internationally. The Act allows employees and unions to bargain a pay equity settlement with multiple employers. In most countries we compare ourselves to, people raise pay equity claims against their own employer only, or there are legal requirements on employers to proactively take steps to achieve pay equity,' says Ms van Velden. Pay equity claims have been concentrated in the public sector, with a recent increase in the number of claims in the publicly funded sector. Costs to the Crown have become significant, with the costs of all settlements to date totalling $1.78 billion per year. 'These changes will mean the pay equity claim process is workable and sustainable. There are often significant costs involved with pay equity settlements which can involve large workforces [e.g. around 94,000 people for the teachers claim] and we need to ensure the process to raise and resolve claims is robust. 'The changes I am proposing will significantly reduce costs to the Crown,' says Ms van Velden. There will be a better framework and guidance for parties to use to assess whether there is sex-based undervaluation. These changes include: Raising the threshold of 'predominantly performed by female employees' from 60 percent to 70 percent and requiring that this has been the case for at least 10 consecutive years. Ensuring there are reasonable grounds to believe the work is historically and currently undervalued, including a requirement for evidence. Further clarity and guidance on the use of comparators – work performed by men that is different to the claimant's work but has similar skills, responsibilities, levels of experience, or working conditions to the claimant's work. Employers being able to meet their pay equity obligations in a way that is sustainable for their business – for example through phasing of settlements. The changes will discontinue current pay equity claims, but new claims can be raised under the amended Act if they meet the new requirements. Review clauses in existing settlements will become unenforceable. Settled claims can be re-raised 10 years after settlement, if the claim meets the new requirements. The changes are reflected in a Bill introduced today and going through Parliament under urgency, which will amend the Equal Pay Act and take effect the day after Royal assent. Notes: Pay Equity is when people are paid equal amounts for work of equal value. This means that people in different roles, even if the roles are not identical, are paid the same if their work requires similar levels of skill, responsibility, effort, levels of experience and working conditions. Equal Pay is when people are paid the same for the same work. This means that workers in the same role are paid the same. Pay Parity means the same pay for the same work across different employers, organisations and workplaces. Gender Pay gap is the difference between women's and men's earnings in the workforce at a job, organisation, industry, and national level. Comparators refer to work performed by men that is different to the claimant's work, however has similar skills, responsibilities, levels of experience, or working conditions to the claimant's work. This is used for comparison to assess whether, and to what extent, the claimant's work is undervalued based on sex. Examples of problems with the current process Broad claims: the District Health Board Allied/Technical claim covered more than 90 roles, representing work as diverse as pharmacy assistant, wheelchair technician and psychologist in one claim. Comparators: the same comparators (e.g., fishery officers, corrections officers) being used repeatedly across several claims despite substantial differences in working environment and conditions from the claimant employers' workforces. Review clauses: All current settlements must include a review. The short timeframe of the review cycle makes it difficult to determine whether any differences in pay are due to pay equity issues having re-emerged or other factors that are not connected (e.g. the Consumers Price Index). FACTSHEET: A table reference on pay equity changes here:

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