Victory for Lyttelton Port Workers against unlawful health monitoring

The Maritime Union of New Zealand (MUNZ) has welcomed this week’s decision by the Employment Relations Authority (ERA) which has ruled against Lyttelton Port Company’s (LPC) attempt to unilaterally impose a mandatory health monitoring policy on MUNZ members. 

The Mar­itime Union of New Zealand (MUNZ) has wel­comed this week’s deci­sion by the Employ­ment Rela­tions Author­i­ty (ERA) which has ruled against Lyt­tel­ton Port Company’s (LPC) attempt to uni­lat­er­al­ly impose a manda­to­ry health mon­i­tor­ing pol­i­cy on MUNZ mem­bers. 

MUNZ Assis­tant Nation­al Sec­re­tary Ray Fife says the out­come is a major win for the rights and well-being of port work­ers, ensur­ing that health mon­i­tor­ing pro­ce­dures must be sub­ject to col­lec­tive bar­gain­ing and can­not be forced with­out agree­ment.

The dis­pute arose after LPC intro­duced a manda­to­ry health mon­i­tor­ing pol­i­cy in July 2024, cov­er­ing aspects such as car­dio­vas­cu­lar dis­ease, dia­betes, and mobil­i­ty, along­side hear­ing, sight, and res­pi­ra­to­ry test­ing. 

MUNZ says the pol­i­cy went beyond the scope of the col­lec­tive agree­ment between LPC and the union.

This week’s deci­sion by the ERA has con­firmed the Health Mon­i­tor­ing Pol­i­cy was incon­sis­tent with the Col­lec­tive Employ­ment Agree­ment and there­fore unlaw­ful.

The deci­sion reaf­firms that LPC can­not expand health test­ing require­ments beyond those agreed upon with­out the union’s con­sent, says Mr Fife.

“This deter­mi­na­tion by the ERA rein­forces the impor­tance of col­lec­tive bar­gain­ing in pro­tect­ing work­ers’ rights.”

Mr Fife says MUNZ has ensured any changes affect­ing work­ers’ health and pri­va­cy must be done through nego­ti­a­tion.

He says the ERA rul­ing high­lights the need for employ­ers to act in good faith and respect the agree­ments they have signed with work­ers. 

MUNZ remains com­mit­ted to ensur­ing that any future health and safe­ty mea­sures at Lyt­tel­ton Port are imple­ment­ed with full con­sul­ta­tion and agree­ment.

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