30.07.2013

Replacement Workers – Are the times (and the law) changing?

Replacement Workers – Are the times (and the law) changing?

On 13 June the Employment Relations (Continuity of Labour) Amendment Bill was drawn from the ballot of private members’ bills, meaning that it will soon be introduced to Parliament and debated in the House.  This Bill targets section 97 of the Employment Relations Act 2000.

As it currently stands, section 97 permits employers to employ or engage another person to perform the work of a striking or locked out employee in limited circumstances.  That is, when employees are lawfully on strike or locked out, an employer cannot require non-striking or non-locked out employees to perform their work.  Nor can an employer employ new workers to perform those tasks except on health or safety grounds.

The Bill aims to repeal section 97 completely.  The explanatory note attached to the Bill justifies this proposed repeal on the grounds that section 97 creates an imbalance between unions and employers, and that “restricting the ability of employers to engage temporary replacement labour can have a considerable impact on the productivity and financial viability of an organisation”. 

The National Party has promised to support the Bill through its first reading and to Select Committee.  It has not committed to anything further than that.  It is likely that the Bill will need the support of ACT and either United Future or New Zealand First to even get to Select Committee, as the Opposition are lining up against any repeal of section 97.  We note that Peter Dunne of United Future, a potential supporter, has signalled he will vote against the Bill.  That leaves Winston Peters as the likely kingmaker.

We will keep an eye out on developments with this Bill, as it could potentially have a significant impact on strikes and lock outs.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Privacy Commissioner to consult on Privacy Rules for Biometric Information
With the increasing use of facial recognition technology (FRT), retinal scans, and voice recognition by an array of different agencies, privacy concerns about its collection and use are set to be form...
24.11.2023 Posted in Business Advice
Fern forest NZ
Bioenergy in New Zealand: Fuels for the Future?
The energy transition from combustion fuels to low carbon alternatives is viewed as critical in the race to cut global CO2 emissions and reach climate targets.  We look at some of the opportunities p...
14.11.2023 Posted in Business Advice & Climate Change & Forestry
Will Wide BW
A well drafted will is a craft
The New Zealand do-it-yourself “DIY” attitude and way of life is not limited to home improvements, but sometimes also extends to wills.  Recently we had a DIY $5.99 fill in the blanks will acros...
07.11.2023 Posted in Private Wealth
rsz large pillars
Health and Safety: The Consequences of Dishonesty
Siddhartha Gautama said that lies are like huge, gaudy vessels, the rafters of which are rotten and worm-eaten, and that those who embark in them are fated to be shipwrecked.  Two remarkable health a...
03.11.2023 Posted in Employment & Health & Safety
Properly sequencing your Construction Adjudications: Henry Construction Projects Ltd v Alu-Fix (UK) Ltd
According to the UK’s Technology and Construction Court (TCC) (in Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010) valid payment claims must be paid before the underlying merits ...
30.10.2023 Posted in Construction & Disputes
Key change to rules on distribution of surplus assets under the new Incorporated Societies Act 2022
On 5 October 2023, the new Incorporated Societies Act 2022 (2022 Act) came fully into force, replacing the Incorporated Societies Act 1908 (1908 Act). One of the key requirements under the 2022 Act is...
18.10.2023 Posted in Business Advice
Construction Framework Wide BW
Major milestone passed – NZS3910:2023 expected in time to fill Christmas stockings
As the most widely adopted standard form construction contract in NZ, NZS 3910 was more than ready for updated conditions given the changes in the industry since its last review in 2013.  After almos...
09.10.2023 Posted in Construction
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.