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.