Port Unions welcome ERA finding on Lyttelton Port Company restructure proposal

The two main unions for Lyt­tel­ton Port Com­pa­ny (LPC) work­ers have wel­comed a deter­mi­na­tion this week from the Employ­ment Rela­tions Author­i­ty (ERA) that found LPC breached oblig­a­tions to the Unions and work­ers under the Col­lec­tive Agree­ments (CEAs) through a pro­posed restruc­ture of its con­tain­er ter­mi­nal oper­a­tions.

The ERA has ordered LPC to halt its direct con­sul­ta­tion process with affect­ed work­ers, and instead engage in struc­tured con­sul­ta­tion with the Mar­itime Union of New Zealand (MUNZ) and the Rail and Mar­itime Trans­port Union (RMTU) on the pro­pos­al with­in 20 work­ing days.

The Author­i­ty ruled that LPC’s approach to devel­op­ing its pro­pos­al to dis­es­tab­lish 35 posi­tions, with­out involv­ing Unions, breached the require­ments of the CEAs and the wider duty of good faith under the Employ­ment Rela­tions Act.

MUNZ Nation­al Sec­re­tary Carl Find­lay says the deter­mi­na­tion is a sig­nif­i­cant win for port work­ers by clear­ly rein­forc­ing the impor­tance of good faith and col­lec­tive bar­gain­ing.

“This find­ing sends a strong mes­sage to employ­ers that they can­not sim­ply present a ful­ly formed pro­pos­al for major change with­out gen­uine­ly engag­ing with the Unions who rep­re­sent the affect­ed work­ers,” says Mr Find­lay.

Mr Find­lay says col­lec­tive agree­ments require a coop­er­a­tive and col­lab­o­ra­tive approach, espe­cial­ly when jobs are on the line.

RMTU Gen­er­al Sec­re­tary Todd Val­ster says the ERA’s order for LPC to return to the table for struc­tured con­sul­ta­tion with the Unions was a pos­i­tive out­come for port work­ers.

“This is a good result for work­ers because it ensures their col­lec­tive voice is heard at a mean­ing­ful stage of the process. It means we can prop­er­ly engage on the ratio­nale, the details of the pro­pos­al, and explore alter­na­tives that pro­tect our mem­bers’ jobs and con­di­tions,” says Mr Val­ster.

“Restruc­tur­ing should not be pre­sent­ed from on high. It requires gen­uine engage­ment to find the best way for­ward for both the busi­ness and the peo­ple who make it run. This ERA deter­mi­na­tion rein­forces that prin­ci­ple.”

MUNZ and RMTU looked for­ward to engag­ing with LPC as direct­ed by the Author­i­ty to ensure a fair process for all affect­ed work­ers.