Rest home compulsory unionism probably unlawful

Media release
31 May 2007

Compulsory unionism in rest homes probably unlawful – Business NZ

An attempt to effectively impose compulsory unionism on rest home workers is probably unlawful, says Business NZ.

District Health Boards are increasing funding for contracted rest homes but want them to get it only if they sign collective agreements with their staff.

Business NZ CEO Phil O’Reilly says this would likely breach two important rights under the Employment Relations Act.

“Section 3 of the Act says employees have the right to individual choice. Not allowing them the ability to choose an individual employment agreement breaches that right.

“Section 7 of the Act says employees have the right to freedom of association. This includes the right not to join a union. Making staff join a collective agreement is the same thing as making them join a union, since you have to join a union to join a collective agreement - and that would breach their freedom of association.

“The pay and conditions of rest home staff is obviously a relevant matter for debate, but effectively imposing compulsory unionism is neither lawful nor the appropriate way to do it.

“We will be interested to understand what legal advice the Minister called for or received before he made the decision to push for this outcome. We hope that the Minister will reconsider his strategy with a view to ensuring that workers have a real and free choice about whether or not to join a union and to be covered by a collective agreement.”

ENDS

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