Archive

Posts Tagged ‘Ports of Auckland Ltd’

National MP admits collusion with bosses to set up strike-breaking law!!

.

National MP -  Jami-Lee Ross - The Nation - TV3 - 23 June 2013 - strikebreaking bill

.

National MP (Botany), Jami-Lee Ross, has  admitted that he has colluded with POAL (Ports of Auckland Ltd) bosses to draft his proposed  strike-breaking amendment, the Employment Relations (Continuity of Labour) Amendment Bill. On TV3’s The Nation on 22 June, Ross confirmed that he had been in talks with employers during the height of the industrial dispute between the POAL and MUNZ (Maritime Union);

.

Source: Youtube – Ports behind bill

.

At 0:50, Rachel Smalley asks Ross,

“Do the Employers and Manufacturers Association support it?”

Ross’s answer was not at all truthful, and his response was utterly mis-leading. Smalley has to point out to him that the Employers and Manufacturers in fact do not support Ross’s Bill.

This is the first indication that Ross is prepared to ‘spin’ lack of support or outright opposition, in a sly, dishonest fashion.  Smalley, who is aware of the Employers and Manufacturers Association position, corrects him,

“I don’t think they support it though, do they, which is quite interesting.”

In fact, the Employers and Manufacturers Association said in a media statement, that “while its principles are worth exploring it could prove very divisive.”

Acknowledgement: Scoop Media – Balloted Bill possibly a bridge too far

The same media release went on to slate Ross’s Bill,

“New Zealand communities place a high value on fairness and the Bill could have consequences that would be considered unfair.”

Acknowledgement: IBID

When even employers start perceiving a piece of anti-union legislisation as unfair, then that speaks volumes.   Employers are not stupid. They understand that it only takes one unjust law  to make workers more militant. That, in turn would generate increased support for a much-weakened trade union movement in this country.

At 1:40, Smalley asked,

“Does the NZ Initiative support it?”

Ross again evaded giving a straight answer, and Smalley pointed out to him that even the right-wing think-tank is dubious about the worth of the Bill.

Then at 2:18, Ross gets to the nub of the matter,

“There’s the potential  once the economy really picks up again that we could seeing a whole lot more strikes.”

Ross’s statement is his first candid admission that the raison d’être of  his Bill is not the “fairness”, “balance” or “choice” that he has been espousing.

Ross’s  sole agenda is to crack down on strikes.  Ross is targetting the most fundamental rights of  human beings;

  1. to work together collectively, for mutual benefit
  2. to with-hold labour when workers deem it necessary

Working together collectively is not just a worker’s prerogative. Collective action is also used by employers who have their own groupings,

.

Business NZ

.

employers and manufacturing association

.

Wellington chamber of commerce

.

Ross’s next admission was political dynamite. At 3:26, Rachel Smalley asked Ross,

“Where does this Bill have it’s origins?”

Ross deflected with waffle about “the rights of New Zealand”.

Smalley persisted,

“Or is it on the wharves of the ports of Auckland, is that where it’s origins lie?”

Ross side-stepped by remarking that “a drawn out strike can have a quite a  big impact on the wider economy“.

Then, at 4:00, Smalley asked the million-dollar question,

“Have you discussed this Bill with Ports of Auckland [Ltd]?”

At last, Ross could not evade the questioning and admitted,

A long time ago. That was an issue that was raised.”

Smalley asked,

“How long ago?”

Ross replied,

“Oh, might have been when the industrial dispute was in full swing…”

This blogger has a fairly good idea when Ross and Ports of Auckland Ltd bosses had their little “chat”: around

On 11 January 2012, Jami-Lee Ross wrote this anti-union  opinion piece for Scoop Media,

.

union-biting-the-hand-that-feeds - header

The latest development in the protracted Ports of Auckland industrial dispute must give all parties to the issue pause for thought. Continued industrial action would adversely affect the Port even further and could undermine the Maritime Union’s very reason for being.

The announcement by Fonterra recently that it is moving the company’s business from Auckland to Tauranga and Napier was a blow for the Queen City. While the negotiations between the Maritime Union and Ports of Auckland management may be a distant and removed matter for the average Aucklander, they must know the issue is now one of a fight for their port’s survival.

Every Aucklander has a stake in the Ports of Auckland. It is not a privately owned company. Nor is it listed on any stock exchange. Each and every share in the company is owned by the Auckland Council on behalf of 1.4 million Auckland residents and ratepayers. The destruction in value in one of our city’s largest public assets is alarming and has to be of concern to us all.

I don’t use the term “destruction in value” lightly. It is a strong term, but one that is appropriate for this issue. Just as losing the business of Maersk in December was no laughing matter, losing Fonterra can not be ignored. At a reported weekly trade value of $27million, annualised the loss of Fonterra’s custom represents around $1.4 billion of export business.

But numbers aside, it is obvious that losing the trade of New Zealand’s largest company, only a month after losing the business of one of the worlds largest shipping lines, has to be a wakeup call. Yet sadly for the Maritime Union, it isn’t. Sadly for port workers and Aucklanders alike, the Maritime Union continues to be unphased.

This isn’t a story of a greedy corporate hammering the little guy. This isn’t a story of a David versus Goliath battle where workers are being ripped off or paid a pittance. Few could call poverty on an average annual wage for a wharfie understood to be north of $90,000, with a proposed 10 percent hourly rate increase and performance bonuses of up to 20 percent, sitting on the table. To the average person on the street, the latest Ports of Auckland offer to the Union would almost seem generous.

This is in fact a story of the Maritime Union biting the hand that feeds them. It is a story of industrial action that, if left to go on much longer, could have disastrous consequences for the Ports of Auckland.

For commercial users, it is a simple matter of certainty and continuity Union action, and the threat of further strikes, have put a serious dent in the Ports of Auckland’s ability to provide their bread and butter services Customers are now voting with their feet. The value of Ports of Auckland and the value of the investment that every Aucklander has in the company will continue to suffer if resolution to this matter is not swift.

Aucklanders can rightly be concerned at the increasingly rogue nature of the Maritime Union. However there are 500 men and women that work at the Port with even more skin in the game and a lot more to lose. The trade union movement evolved through a desire for workers to band together to protect their common interests. This is not a dishonourable goal. But when a union loses sight of its members long term interests and cavalier negotiating tactics start to backfire, the union itself begins putting its own member’s livelihoods at risk.

Unions still occupy a privileged position in New Zealand’s employment law; a relic of the last Labour administration which has not seen significant overhaul for some years. Few non-government organisations can boast clauses in legislation specifically designed for their benefit. Despite only 18 percent of the nation’s workforce being unionised, trade unions can look to whole sections of the Employment Relations Act written exclusively to aid union survival through legislative advantage.

Up until recently, cool heads and rational people sitting around negotiating tables have meant that little focus has been placed on the role that unions play in society. However, with the bare-faced mockery that the Maritime Union is making of civilised negotiations New Zealanders will soon begin to question what position unions should hold in the modern Kiwi workplace.

As the fight for Auckland’s waterfront reaches the tipping point, for ratepayers and workers alike this present stand off must come to an end. The city’s $600 million port investment and worker’s jobs are now on the line. Also on the line is the country’s acceptance of the role of trade unions. It can not be tolerable or acceptable for a union to demonstrate continued disregard for the economic consequences of their actions.

*Jami-Lee Ross is the Member of Parliament for Botany. He was formerly a member of the Auckland and Manukau City Councils.

Acknowledgement: Scoop Media – Union biting the hand that feeds

.

Four months after his statement,  Jamie Lee Ross spoke in support of the  Employment Relations (Secret Ballot for Strikes) Amendment Bill, allowing secret ballot’s before workers decided to take strike action.

Ross put it thusly,

“Today is liberation day. Today is liberation day for New Zealand workers who are members of unions that have not yet embraced the democratic principles of holding a secret ballot when strike action is being considered. I say it is a shame that members of the Opposition are not supporting this bill, the Employment Relations (Secret Ballot for Strikes) Amendment Bill.” –  Jami-Lee Ross, 9 May 2012,

Acknowledgement:  Hansards, Parliament

Ross further advocated for secret ballots prior to strike action,

If members want to stand in this House and say that they do support the concept of secret ballots, which is what a number of speeches have been saying in both the first and second readings—and we have heard it a few times this afternoon as well—and that they think it is a good thing that a number of unions already have secret ballot provisions in their rules, then they should go the step further and support this bill, and do the right thing by giving workers the freedom that they deserve.” –  Jami-Lee Ross, 9 May 2012,

Acknowledgement:  IBID

(Irony of ironies,  all MPs votes on legislation are a matter of  public record, and recorded in Hansards. There is no secret ballot when MPs vote.)

The Bill passed and became law on 14 May 2012

So what was the relevance between the law that Ross supported and the Ports of Auckland dispute? It seems that the POAL dispute was weighing heavily on the MP’s  mind during the third reading of this Bill,

I want to also touch on the Ports of Auckland for a moment, because I think it is important that we talk a little bit about what has become the key and well-known industrial dispute this year. It is fair to say that the Ports of Auckland dispute probably would not have got as bad as it did if there was the opportunity for those Ports of Auckland workers to have a secret ballot for their strike.” –  Jami-Lee Ross, 9 May 2012,

Acknowledgement:  IBID

It should also be noted that the Employment Relations (Secret Ballot for Strikes) Amendment Bill was a Private Member’s Bill sponsored by National backbench MP, Tau Henare – also noted for his hostility toward the trade union movement.

As is the Employment Relations (Continuity of Labour) Amendment Bill – sponsored by Jami-Lee Ross.

The government, it seems, does not want to get it’s hands dirty with Union-smashing legislation. Dear Leader John Key made his feelings abundantly clear in March 2012 when he played the positive-sounding propagandist mouth-piece for POAL bosses,

“I think they went through a genuine good faith process,” he told TVNZ’s Breakfast programme.

The company believed it was losing business, primarily to the Port of Tauranga, because it wasn’t competitive.

“Their view is unless they change, it will be death by a thousand cuts.”

Demand from the council for a 12 per cent return from the company within five years, up from a current 6 per cent, had not lead to the dispute, Key said.

The port had struggled with financial problems for some time and cash flow issues had forced it to sell Queens Wharf to the Government.

“Unless that’s an efficient workplace, unless it’s competitive, ultimately they will continue to lose business.”

The company was trying to make savings at the port to protect all its jobs, he said,

“And I guess they have moved to this issue where they want to go to outsourcing.”

The company needed to find almost 300 workers and would take people with experience.

“I suspect quite a lot of the people who have been made redundant will actually reapply and funnily enough get their job back just through a different vehicle… the conditions will be different.”

Acknowledgement: Fairfax Media – Jackson pulls back from port comments

So how involved was the Ports of Auckland Ltd bosses in  motivating, encouraging, or actively sponsoring  Ross to write his strike-breaking Bill?

Rachel Smalley put that question to Ross in the same interview. At 4:28 she asked,

“What was the Port’s input into the Bill?

Ross replied,

“The Ports [of Auckland Ltd] indicated that during a strike like every organisation that is affected by a strike, they’re unable to keep their business going…”

So the bosses at POAL indicated  to Ross that they  were  unable to keep their business going – and the MP for Botany duly obliged with a Bill that he fully admits POAL mananagement had input into.

This is commonly known as collusion.

What makes it all the much worse is that POAL is a publicly-owned company (by Auckland ratepayers) – and it’s own management acted against the interests of the community, as if it were some predatory trans-national corporation.

Indeed, that is precisely how Ports of Auckland Ltd management have behaved during the long-running industrial dispute;

  • 12 January 2012 – Leaked POAL papers showed that  management were running their own agenda  “of ramping up the current industrial dispute while saying they want to resolve it.The draft management plan sets out a comprehensive contracting out plan, disparages the ports owners and board of directors, and predetermines there is no intention of seeking a negotiated solution.”  (source)
  • 22 March 2012 – Ports workers were served a lockout notice from Ports of Auckland LTD management just hours before a vote to bring to an end  strike action. (source)
  • 22 March 2012 – A POAL manager involved in  negotiations with the  Maritime Union was linked to a company, Pacific Crew Holdings Ltd, recruiting non-unionised wharfies  for a new company,  registered with the Companies Office only a month earlier. (source)
  • 27 March 2012 – Employment Relations Authority issued a judgement in favour of Maritime Union not to harass workers; not to make union member redundant;  not to hire scab labour; not to engage Drake New Zealand Ltd or Allied Workforce Ltd or any other person to perform the work of striking/locked-out employees; not to pressure union members to sign contracts with Drake or Allied Workforce, etc. (source)
  • 12 April 2012 – POAL bosses admitted leaking private details of a port worker to a right wing blogger. The maritime worker  had lost his wife to cancer. The blogger was closely connected to POAL, and may have been paid for writing pro-management propaganda on his blog. (source)
  • 13 August 2012 – Maritime Union outlined cases of bullying by POAL management,  ”every time somebody coughs there is a disciplinary hearing, they are attacking people continuously, making their lives miserable. There are people getting disciplined for all sorts of things, – it’s ridiculous for infinitesimal little things. They [workers] think it’s part of their [management] campaign to undermine the workforce to try and get them a little bit weakened so they will agree to what is put to them.”  (source)

It should be obvious to all by now that POAL management had no intention whatsoever of negotiating with the Maritime Union in good faith, as the Employment Relations Act requires.

It was also suggested that POAL management were setting up the Ports company for eventual privatisation (see: NBR – Plea for ratepayers to give up port control).  Rationalising a workforce is usually a precursor to a  privatisation agenda.

Whether or not Jami-Lee Ross’s strike breaking Bill becomes law is by no means guaranteed. Even if National finds the couple of votes needed to pass it into law, this blogger has no doubt that an incoming Labour-Green-Mana government will consign it to the rubbish bin of political history. Where it rightly belongs with other laws that threaten the livelihoods of New Zealanders and their families.

Make no mistake, this Bill has nothing to do with “fairness”, “balance”, or “choice” , etc.

This Bill has only one goal; to force workers not to strike, by fear-threat of losing their jobs and replaced by strike-breaking scab labour. With unemployment at 146,000 unemployed according to a recent Household Labour Force Survey, there would be many desperate to get into a job – even if it meant displacing a striking worker. This is the dog-eat-dog world of the “Free” Market, and which Jami-Lee Ross wants to aggravate for the ordinary working man and woman.

It is fairly clear that Jami-Lee Ross and Ports of Auckland Ltd management have colluded  to draft this Bill.

It is further clear that POAL had this Bill in mind to break the authority of the Maritime Union to negotiate on behalf of it’s members.

And it’s further clear that POAL had in mind this strike-breaking Bill as part of it’s over-arching agenda.

For Jami-Lee Ross, he is in a no-lose situation. If his Bill becomes law, he cements his reputation as a willing tool of the employers to do their bidding. (Much like Simon Lusk advocated in his far right plan to make MPs beholding to donors. See: National turns on hard right advisor)

And if the Bill fails, he still builds a reputation as a right wing politician willing to work with fiscal conservatives; employers; and any others who advance the neo-liberal agenda.

Jami-Lee Ross – willing servant of  bosses; conservatives; and cashed-up donors.

Finally,

“Going on strike cannot be easy. It can be financially and morally devastating.” –  Jami-Lee Ross, 9 May 2012,

Acknowledgement:  Hansards, Parliament

Yes, indeed. Very “financially and morally devastating“. Especially if Mr Ross get’s his way.

This blogpost was first published on The Daily Blog on 2 July 2013.

.

*

.

References

Scoop Media: Union biting the hand that feeds (11 Jan 2012)

Fairfax Media:  Port workers claim bullying continues (13 Aug 2012)

Fairfax Media: Bosses bypass new era (11 Nov 2012)

Fairfax Media: Kiwi bosses’ attitude repels expats (15 Dec 2012)

Fairfax Media:  Unionist slams ‘assault on workers’ (27 April 2013)

Scoop Media: Balloted Bill possibly a bridge too far  (14 June 2013)

Youtube: Ports behind bill (22 June 2013)

Other Blogs

Bowalley Road:  The Right To Say – “No.”

Waitakere News: National’s generic press release for introduction of new bill

.

.

= fs =

Surveillance laws, Strikebreaking, & Subversive groups

30 June 2013 9 comments

.

Big Brother Inc

.

1.

.

“If you have nothing to hide, you have nothing to fear” – say  those who attempt to justify the  increasing surveillance power of State’s, multi-nationals, and internet “webcorps” like Facebook and Google.

I find that usually these people fall into three categories;

  1. the incredibly naive, who believe that their government loves them. Because Big Brother loves you.
  2. the incredibly fearful, who see terrorists under their beds, in the closet, out on the street behind a tree…
  3. the incredibly partisan – who identify so closely with  their  Party-of-choice, that that will give it wholehearted trust whilst  in office. But will then condemn an opposition Party’s use of State surveillance power once they win government.

The SIS was formed in 1956 – during the height of the Cold War. It was a perilous time in our history, when two super power blocs faced off against each other. Armed with colossal numbers of atomic weaponry, Planet Earth stood on the brink of thermonuclear annihilation. Cockroaches bided their time to inherit.

Twentyone years later, the GCSB (Government Communications Security Bureau) was created in 1977 at the behest of  then Prime Minister, Rob Muldoon. Super power rivalry and  a volatile mix of Middle East tensions created an environment where intelligence-gathering became as vital as  actual military (if not more so).

Prime Ministers of the day promised, hand on heart, that each organisation would be carefully controlled and their activities monitored.

A year earlier, the police Wanganui Computer centre had opened, holding  information for the  New Zealand Police, Land Transport Safety Authority and the justice department,

‘Big Brother is watching’? The New Zealand government’s establishment of the country’s first centralised electronic database through the Wanganui Computer Act raised questions about the state’s ability to gather information on its citizens.

[…]Critics were unconvinced. Civil libertarians likened it to something from George Orwell’s 1984 and mounted numerous protests against the system. The ultimate protest occurred in November 1982, when 22-year-old anarchist Neil Roberts was apparently blown up by his own gelignite bomb as he tried to breach security at the computer centre.

Acknowledgement:  NZ On-Line History – Wanganui Computer legislation passed

By 1989, the Cold War was coming to an end and the “runner up” in the rivalry between superpowers- the Soviet Bloc –  fell apart. The Berlin Wall came down. The Iron Curtain parted. Eastern European nations jumped on the NATO bandwagon. And the  CCCP (USSR) now lives on only in history books and far-flung space probes on the Moon, Mars, Venus, and further out in deep space.

But you wouldn’t think it, as the West – including little old laid-back New Zealand – ratcheted up the power of the State. After the televised terror of 9/11, who could say ‘no’ to more and more surveillance; security; spying; and other governmental powers?

In October 2002, the Clark-led Labour government enacted the Terrorism Suppression Act  2002. The Police website referred to this legislation as,

The TSA establishes a legal framework for the suppression of terrorism. In particular, it is the mechanism by which New Zealand gives effect to the United Nations Security Council (“UNSC”) mandatory resolutions requiring UN member states to take certain steps to suppress terrorism. An important feature of this framework is the Prime Minister’s power under the TSA to designate individuals or groups as terrorist or associated entities. Designation can be on an “interim” (s 20 TSA) or “final” (s 22 TSA) basis.

Acknowledgement: NZ Police – New Zealand’s designated terrorist individuals and organisations

It should be noted that the definition of who/what is a terrorist entity was left up to individual governments to make,

Secondly, and by contrast, while UNSC Resolution 1373 obliges New Zealand (inter alia) to outlaw the financing of, participation in and recruitment to, terrorist entities, it does not specifically identify those entities. The Resolution effectively leaves it to Member States to identify the entities against which they should act.

Acknowledgement: IBID

Some 21 groups  around the world are currently listed as “terrorist” organisations.  One of those 21 organisations is the Kurdistan Workers Party/ Partiya Karkeren Kurdistan (“PKK”), which is seeking a fully independent Kurdistan covering land in Turkey, Syria, Iraq and Iran.

The PKK is currently in negotiations with the Turkish government. If it is a “terrorist” organisation, then the Turks are negotiating with terrorists.

Perhaps the best known example of  “terrorist-come-statesman”  is Nelson Mandela who served as President of the  African National Congress (ANC) from 1991 to 1997.  The ANC was banned in 1960 and Mandela served 27 years in prison.

Once upon a time,  Prime Minister, Margaret Thatcher dismissed the ANC as a terrorist organisation,

“The ANC is a typical terrorist organisation … Anyone who thinks it is going to run the government in South Africa is living in cloud-cuckoo land‘. ” – Margaret Thatcher, 1987

Now the ANC is the legitimate government of South Africa  and Nelson Mandela is revered as one of the greatest statesmen the 20th Century has ever produced.

Such is the difficulty with branding a group as “terrorist”.  It is a political statement – and that is the problem. One person’s  terrorist is another person’s freedom fighter.

The government attempted to employ the Terrorism Suppression Act once, and once only –  subsequent to  the Urewera Raid on Monday, 15 October 2007. For the first time, something out of C.K. Stead’s “Smith’s Dream/Sleeping Dogs” crossed over from fantasy, into harsh reality,

.

Urewera Raids

.

Imagine welcoming a Time Traveler from New Zealand 1971 to 2007 with the above scene. Would s/he think that New Zealand had fallen under the harsh rule of a military-fascist dictatorship? That somewhere in the intervening time-period, a coup d’état had overthrown a democratically-elected government, and we were living under a Chilean-style regime?

However, the confusing nature of the law was such that charges were dropped against most of the 18 arrested. Only four proceeded to trial.

Eventually, none  were charged with “terrorism”, the Act iself being described by  Solicitor General Collins as “complex and incoherent”, and “almost impossible to apply to domestic circumstances”.

The Act, however, remains in force.

Since then, as if in some bizarre “Space Race” with Labour, the Key-led National Government decided to trump the Terrorism Suppression Act with the Search And Surveillance Act 2012.

As the NZ Herald reported on 1 October, last year,

The Search and Surveillance Act, which was passed through Parliament in March, extends production and examination orders to the police and legalises some forms of surveillance.

It will let more government agencies carry out surveillance operations, allows judges to determine whether journalists can protect their sources, and changes the right to silence.

Acknowledgement: NZ Herald – New police search and surveillance law in force

The report went on to state,

Police could complete some forms of surveillance and searches without warrants, but [Police Assistant Commissioner Malcolm]  Burgess said the situations were pretty common sense.

“Either emergencies, where life might be at risk, or where the destruction of evidence might occur in very serious circumstances,” he said.

“My own interpretation is this is very common sense legislation which provides us reasonable means to carry out our functions.”

He did not see the changes as a massive expansion of police powers.

Acknowledgement: IBID

“He did not see the changes as a massive expansion of police powers“.

Well, Burgess would say that, wouldn’t he?

Does anyone remotely believe that Police Assistant Commissioner Malcolm  Burgess would say the opposite, like this,

“Police Assistant Commissioner Malcolm  Burgess saw the changes as a massive, unwarranted expansion of police powers, which would move New Zealand society further into the realms of a Surveillance Society where State power over-rode the right to privacy.

“We already have sufficient powers to catch burglars, drunk drivers, and drug pushers”, he said.”

Show me a senior police office who would say something like that, and I will show you a Little Green Man  from Mars. (He’s living in my basement and the little bugger has drunk most of my bourbon. Not that it has much effect on him…)

Eight months after the Search & Surveillance Bill was enacted, this bombshell hit the news;

.

Illegal spying - 85 Kiwis watched - Fairfax Media - Andrea Vance - Kitteridge Report

Acknowledgement: Fairfax Media – Illegal spying: 85 Kiwis watched

.

Despite the Government Communications Security Bureau Act 2003 being fairly clear on the issue, the Bureau still had the mistaken belief that they were somehow entitled to spy on New Zealand citizens and permanent residents.

Either in ignorance, or another of his pathetic lies, John Key maintained this fiction,

In addition, the Act governing the GCSB is not fit for purpose and probably never has been.  It was not until this review was undertaken that the extent of this inadequacy was known.”

Acknowledgement:  John Key – PM releases report into GCSB compliance

Despite the fact that the Government Communications Security Bureau Act 2003 is actually quite clear – especially Section 14 which states –

Neither the Director, nor an employee of the Bureau, nor a person acting on behalf of the Bureau may authorise or take any action for the purpose of intercepting the communications of a person (not being a foreign organisation or a foreign person) who is a New Zealand citizen or a permanent resident.

– the myth is perpetuated that the law is “unclear”.

So what does John Key and his National Ministers do? Do they, make the law more explicit that the GCSB “may not authorise or take any action for the purpose of intercepting the communications of a person who is a New Zealand citizen or a permanent resident”?

No.

Instead National has amended the law – in effect  legalising the illegal “88 cases identified as having a question mark over them since 2003” (source) through a new  Government Communications Security Bureau and Related Legislation Amendment Bill.

National is also enacting the new amendment  – under Urgency – which will give the GCSB the right to now spy on a person  who is a New Zealand citizen or a permanent resident.

Remember – there is no Cold War. That ended 24 years ago.

But you wouldn’t think so.

Instead, Key now makes references to other “threats” to New Zealand,

  • There are people within our country who have links to offshore terrorist groups.” –  John Key, 15 April 2013
  • …covert attempts to acquire New Zealand’s science and technology for programmes related to weapons of mass destruction or weapons delivery systems.” – John Key, 15 April 2013
  • This shows New Zealand’s public and private organisations are facing increasing risks of cyber intrusion which could compromise their operations and could result in the theft of valuable intellectual property.” – John Key, 7 May 2013

When asked to be specific about these claims, Key replied,

I cannot tell New Zealanders everything our intelligence agencies are doing, or what the details of their operations are.” (Source)

And as reported, Key was less than forthcoming about other matters relating to the GCSB’s activities,

He refused to say what the support was that the GCSB provided to the Defence Force, police and SIS.
“I’m not going to go into the details of what they do.”

He also refused to say whether information on New Zealanders was passed on to foreign agencies.

Acknowledgement:  John Key – PM releases report into GCSB compliance

But he did admit that not one of those 88 New Zealanders spied on by the GCSB has been prosecuted for any wrongdoing whatsoever.

Not one, as Key admitted,

Police have conducted a thorough check of all their systems. Police advise that no arrest, prosecution or any other legal processes have occurred as a result of the information supplied to NZSIS by GCSB  .”

If this had happened thirty or fourty  years ago, when New Zealanders were seemingly far more conciousness of the threat of growing Orwellian state power, there would have been mass protests in the streets.

New Zealanders seem to have either fallen into a deep trance, or have grown tired in resisting the remorseless advance of the State.

Is this the country that marched, en masse, to prevent a racist rugby team from touring, in 1981?

.

anti tour marchers

.

What happened to us?

.

2.

.

On top of becoming a Surveillance State, National is also winding back the rights of workers to negotiate with employers, and the right to strike,

.

Employment reforms 'sinister' - Labour

Acknowledgement: Employment reforms ‘sinister’ – Labour

.

In a series of  tweet-exchanges, National MP, Jamie-Lee Ross explained his purpose of the Bill,

.

jamie lee ross - twitter conversation - 14 june 2013

.

Jamie-Lee Ross is simply repeating the line from National’s spin-doctors. His repetition of “choice”, “freedom”, and “balance” is garbage of course.

You will most likely keep hearing Ross’s refrain, “restore a balance between employers and employees” more and more as the Bill progresses through the House.

The only “choice”, “freedom”, and “balance” is for employers to get rid of striking workers and replace them with a more compliant, subservient  workforce who will accept lower wages and lesser working conditions.

As CTU President, Helen Kelley explained on The Standard,

1. Notice for strikes.

Currently only those in essential industries must give notice to strike. The new law not only requires notice for all strikes but it also requires that these notices say when the strike will begin and end and there is a requirement for each employee to give notice when a strike will end early. This will prolong strikes and see workers lose wages when they are seeking to return to work. It is intended to create technical grounds for strikes to be ruled illegal.

2. A strike tax

The Bill provides for partial pay deductions for action that falls short of a strike. Firefighters for example, reluctant to take strike action, may take action such as not filling in fire reports, teachers may refuse extra curricula activities or workers may do other creative actions (librarians at universities once refused to process new books rather than shut the library during exam times). The Bill proposes that the employer can unilaterally decide the value of this work and deduct the amount of wages they consider to match this value. Workers can challenge the amount deducted in the Court, but this will take time and the pressure of wage deductions will be used to pressure workers to drop the action. Workers will still be completing their full hours but not getting paid the full amount. The Bill even excludes compliance with the minimum wage for this deduction (it will not matter if the deduction takes the worker below the minimum wage). For state workers that take this limited type of action – the State will benefit – full time work for part time pay – a strike tax.

3. Restrictions on the right to strike

The last change is the most serious one. Currently it is lawful to strike in pursuit of a collective agreement. Sixty days before the expiry of a collective agreement, the union can initiate bargaining and begin negotiations for a renewal. When this happens the expiring collective remains in force for a full year after expiry. This means workers retain coverage and new workers can gain coverage while renewal bargaining takes place.

There is a duty of good faith on the parties to the bargaining to conclude a collective agreement unless their are genuine reasons on reasonable grounds not to. It is not a genuine reason to simply object on ideological grounds to a collective.

40 days following initiation the parties can strike or lock out in order to put pressure on the other party to change their position in the bargaining – an essential element sometimes of getting a settlement. Without it, workers have no ability to shift an intransigent employer to get a reasonable offer – it is a recognised international right, and you have heard the EMA, Peter Dunne and others defend this right. Even Key says he is not too keen.

Acknowledgement: The Standard – Don’t be fooled by the spin regarding strike laws

Bill Newson, national secretary of the EPMU (Engineering, Printing and Manufacturing Union) summed it up with simple clarity,

“ The latest piece of legislation actually goes further than what applied in the 1990s.

It’s already very difficult, in an era of reasonably high unemployment and very low economic activity, for workers to test their employers for fairer wage outcomes.

It’s an answer to a problem we don’t have. We don’t have a problem with high wages, we don’t have a problem with industrial chaos .”

Acknowledgement: Employment reforms ‘sinister’ – Labour

This is a direct reaction to the industrial dispute at the Ports of Auckland which faced off  Maritime Union of NZ (MUNZ) against Ports of Auckland Ltd (POAL). It is a dispute which MUNZ pursued (and won!) through legal channels such as the Employment  Court, and also won in the Court of Public Opinion.

Meanwhile, the employers, POAL, broke employment laws; negotiated in bad faith; leaked sensitive employee information to a foul-mouthed, deranged right-wing blogger; and spread dis-information to the media and public. It was a nasty, vicious, under-handed battle.

The country saw it for what it was, and understood that the POAL and it’s CEO, Tony Gibson, and Board were directly responsible.

Eventually, on 29 March last year, the Employment Court found in favour of the Maritime Union and forced POAL back to the bargaining table.  Make no mistake, this was a major defeat for the Right. A defeat that could not stand – Unions could not be allowed to stand in the way of efforts to make our labourforce more “flexible”.

Having lost the battle in both Courts and with the Public,  rightwing politicians and employers  are now wanting retribution. But more than that, the Right Wing want the law changed so that workers’ right to strike is severely curtailed. In fact, they want the right to strike to become a thing of the past.

No worker will dare strike if they risk losing their jobs to strike-breakers.

It is no coincidence that Jamie-Lee Ross is the author of this repressive legislation. Because Mr Ross was also involved on the fringes in  the ports of Auckland dispute.

.

union-biting-the-hand-that-feeds

Acknowledgement: Scoop.co.nz – Union biting the hand that feeds

.

So it seems that Jamie-Lee Ross has evidently been tasked with “reforming”  New Zealand’s current labour laws. By “reforming”, I mean to change the law in such a way that a Union could never again challenge – and defeat – an employer.

This is what Mr Ross’s Employment Relations (Continuity of Labour) Amendment Bill is all about.

I just wish Mr Ross was more upfront with the true intent of his Bill. It’s a strike-breaker. End of story.

.

union badge

.

3.

.

And next on the Dark Agenda, curtailment of peoples’ right to protest that might interfere with corporate activity.

I refer, of course, to another National MP – Minister Simon Bridges – who enacted a new law through Parliament – one with heavy sanctions against protesters who “want to stop other people going about their lawful business and doing what they have a permit to do and they are legally entitled to do“ (see: Q+A – Transcript Simon Bridges Interview).

On 3 April, on TVNZ’s Q+A, there was this exchange between Bridges and Jessica Mutch,

JESSICA MUTCH I want to start off by asking you your predecessor in a speech, Phil Heatley, said, ‘I’m determined to ensure the mining sector is not hampered by unsafe protest actions by a small but vocal minority.’ You’ve been working on this since taking over. What are protesters in for?

SIMON BRIDGES So, that’s right. So we are acting, and so two offences are going to be put into the Crown Minerals Bill. Look, the first of those is truly criminal offence. Effectively, what it says is that it will be stopping people out there at deep sea, in rough waters, dangerous conditions, doing dangerous acts, damaging and interfering with legitimate business interests with ships, for example, seismic ships, and what they’re doing out there.

JESSICA What fines are we talking about there?

SIMON Well, for that one, 12 months’ imprisonment, or $1000 (please note: the minister meant $100,000 not $1000) or $50,000 fine, depending on whether you’re a body corporate or an individual. Then a lesser, more infringement offence, really, strict liability offence for entering within a specified area, probably up to 500 metres within that ship, again because of the dangers associated with doing that.

Acknowledgement: TVNZ:  Q+A – Transcript Simon Bridges Interview

Notice that Bridges has dressed up increased suppression of dissent and protest as a “safety” issue. He refers to “ stopping people out there at deep sea, in rough waters, dangerous conditions, doing dangerous act” and because of the dangers associated with doing that [protesting]“.

National’s spin doctors have created the meme to be repeated ad nauseum; this is a “safety” issue and not a civil rights issue.

I think most New Zealanders are not taken in by that bit of daft fiction.

It is little wonder that East Coast locals and environmental activists joined together to protest against deep-sea drilling of their coast. The Deepwater Horizon disaster in April 2010 was a clear warning what the potential was for an environmental catastrophe – one that we are simply unprepared for, as the grounding of the MV Rena showed, eighteen months later.

For Simon Bridges to now threaten future protestors with heavy fines and prison sentences has the hallmarks of a nasty, brutish, authoritarian  government that is afraid of it’s own people.

.

4.

.

National’s increased surveillance powers could come in very handy for a left wing government. First of all, National’s stooge – Ian Fletcher – will have to be replaced by someone more “sympathetic” to a left-wing government.

Someone with strong left-wing credentials, and who is willing to crack down on right-wing subversive elements in New Zealand.

Subversive right wing groups that threaten the safety of New Zealand citizens – an which can now be more easily surveilled. Groups and individuals such as,

  • ACT
  • National Party
  • New Zealand Initiative (formerly Business Roundtable)
  • Family First
  • NBR
  • Karl Du Fresne
  • Michael Laws
  • Cameron Slater
  • David Farrar
  • Business NZ
  • Crosby Textor

And probably a few others  I’ve forgotten to list.

The new US-based company, Palantir, that has set up office in Wellington and is currently seeking an Embedded Analyst with the NZ  Government, could be useful to monitor and keep track of these subversives. They have a known track record for anti-social, and undermining economic activities in this country.

National also intends to strengthen data-sharing between government departments such as IRD, WINZ, etc (see: Govt considers new ‘big data’ hub). This will be handy to evaluate possible tax evasion for any of these groups.

Of course, if the GCSB/SIS can’t find anything illegal, we can always scrutinise their internet history. Check out what websites they’ve been visiting. Something, anything, dodgy. Preferably involving illegal sex acts. Then leak it to a friendly left-wing blogger to publish. (see: Port admits leaking worker’s details – union)

Yes, indeed, increasing powers and laws that allow a crack-down on dissent could prove very handy for the “far left” Labour-Green government that John Key warns us is coming.

No doubt the Righties will be screaming blue-murder about infringing their privacy. Their identities and comments will be noted. And added to their files. (see:  “The Spies Are Welcome To Mine”: A Fantasy)

There is no more privacy.

.

Conclusion

.

The rise of the Police surveillance state…

Crushing Union opposition…

Placing heavy restrictions on protest activity…

These are the hallmarks of a government that is exerting firm control  over society and willing to flex it’s “muscle” to have it’s own way. It is a phenomenon that seems to be occurring around the world, with even The Bastion Of Democracy, the USA, now a fully-fledged Surveillance State (but with capitalist trappings).

Through growing  surveillance,  National is watching those “persons of interest” who are likely to interfere with their agenda. Such people can be environmental activists, intellectuals, unionists,  civil rights advocates, left wing bloggers, et al. People who are vigilant on behalf of all New Zealanders – yes, even those on the Right.

Though Ross’s Bill, National will reduce Union power to such a degree that businesses and investors will no longer have to put up with disruption to their incomes and profits. Workers and their representatives will effectively be silenced.

And if anyone disrupts corporate activity such as deep-sea prospecting/drilling, then the State can crack down on protesters with harsh financial penalties and dire  threats of imprisonment.

This is a government, my fellow New Zealanders, that is no longer willing to tolerate dissent. Especially if it threatens their agenda.

Recently, at the Green Party conference, Russell Norman likened John Key to Robert Muldoon. Notoriously, Muldoon had little patience with those who crossed him or opposed his views.

Norman got it partly right. Actually,  this entire government is Muldoonist in the way it is building up Executive power. Power  with which to  intimidate  opposition. Key is merely the affable, smiling face of that intimidating government. He is the “likeable uncle” behind whom is the full power of the State, and an Executive willing to use it, regardless of consequences or notions of human rights.)

The questions now demanding an answer;

  1. Are National voters comfortable with the accumulation of power by the State?
  2. How will National voters view such extraordinary power being wielded by a left-wing government?
  3. Will an incoming Labour-Green-Mana government committ to reversing these autocratic laws?

There was mass-hysteria when the media got hold of the ridiculous  story that Labour was going to “interfere” with shower heads. Charges of “nanny state” flew like wool in a shearing shed (see: Showers latest target of Labour’s nanny state). Of course it was nothing more than a beat-up by National and it’s friendly media.

But it seemed to have stuck in the public consciousness, and Labour became synonymous with the so-called “Nanny State”.

Never mind Nanny. Big Brother is the one to watch out for. He’ll certainly be watching us.

Oh, how we Baby Boomers – who lived through the 1960s and 70s – have seemingly forgotten our distrust of the State.

.

neil roberts - we have maintained a silence closely resembling stupidity

Neil Roberts
1960 – 1982

.

This blogpost was first published on The Daily Blog on 21 June 2013.

.

.

= fs =

John Key’s track record on raising wages – 8. An End to Collective Agreements

11 November 2012 7 comments

.

Continued from: John Key’s track record on raising wages – 7. Part 6A – stripped away

.

.

8. An End to Collective Agreements

.

National’s covert agenda to resurrect the Employment Contract’s Act involves the following,

  1. The Employment Relations Authority can declare in certain circumstances that collective bargaining has ended.
  2. A duty of good faith does not require the parties to conclude a collective agreement.
  3. Employers can opt out of multi-employer bargaining.
  4. Partial pay reductions in cases of partial strike action.
  5. Removing the 30-day rule that forces non-union members to take union terms and conditions.

Items 1, 2, and 3 have only one purpose; to ensure that an employer can walk away from the negotiating table; scrap any collective agreement; and re-hire workers on individual contracts.

It is solely designed to destroy unions once and for all.

Had Items 1, 2, and 3 been in force this year, POAL (Ports of Auckland Ltd) would have been able to abandon the bargaining table after a mock “negotiation”; locked out any worker on strike; and issued take-it-or-leave-it individual contracts.

The worker’s negotiating agent,  the Maritime Union, would have been dis-empowered and destroyed.

Only the current provisions of good-faith bargaining in the Employment Relations Act 2000 and the Employment Relations Authority were able to stop POAL from unilaterally walking away from the negotiating table. (On 27 March this year, the Employment Court issued a judgement severely admonishing POAL for their actions, and ordering them to return to negotiations.)

The same happened when Talleys locked out workers. Talleys was demanding that workers quit their Union and sign individual contracts.

See previous blogpost: If anyone wants to see the Working Class

See previous blogpost: Help Talley’s Affco Workers!

See previous blogpost: Immovable and Irresistable forces – combined!!

See previous blogpost: The Talleys Strikes Back

All this will change – and not fot the better –  if National proceeds with implementation of their draconian law-changes.

They will serve the purposes of business – whilst leaving employees totally vulnerable and at the mercy of their employers.

This is Third World banana republic stuff.

This will drive wages down, and will send more New Zealanders packing for Australia.

Item 4 is self-evident, and is designed to dissuade employees from strike action. Using financial pressure to control workers would be the inevitable outcome of this law-change.

Again, it would leave workers totally vulnerable to employer demands.

Item 5 – What better way to prevent workers from learning about the benefits of union-membership – than by denying workers the benefits of Union-won  conditions? It means that an employer can hire staff at lower pay, or sub-standard conditions.

Labour Minister Kate Wilkinson’s own cabinet paper confirmed that the 30 Day Rule  would permit  employers to offer lower wages to new workers than those on the collective agreement. What other reasonwould there be for such a radical  change in our labour laws?

With unemployment now at 7.3%, more than 175,000 people are now competing for fewer and fewer jobs. If National proceeds with it’s miserable labour “reforms” it will simply result in unemployed job-seekers willing to accept lower and lower pay, and reduced conditions. It will become a dog-eat-dog labour market.

This may satisfy free market fanatics, but it does nothing to fulfill Dear Leader’s pledges to raise wages, or create new jobs.

As usual, Key promises one thing whilst his Minister work quietly in the background to achieve the polar-opposite.

In polite society, this is called duplicity.

How does this raise wages, one may rightly ask?

Next chapter: 9. Conclusion

.

.

= fs =

John Key’s track record on raising wages – 3. Ports of Auckland Dispute

11 November 2012 5 comments

.

Continued from: John Key’s track record on raising wages – 2. The 90 Day Employment Trial Period

.

.

3. Ports of Auckland Dispute

.

“The average income has been about $90,000, so it hasn’t been a badly-paid place. But the problem is flexibility when ships arrive and when staff get called out, how they can cope with that.” – John Key, 12 March 2012

See: Jackson pulls back from port comments

Putting aside from the myth of  POAL maritime workers earning $90,000 – so what?

Even if it were true (which is doubtful) – POAL has never released the workings of how they arrived at that sum, despite requests), isn’t such a good wage precisely what Dear Leader was advocating in his quotes above?

POAL management sought to reduce costs;  casualise their workforce; and compete with Ports of Tauranga for shipping business. Unfortunately, competing on costs would, by necessity, involve driving down wages.

There is also a high degree of price-fixing by shipping cartels, as was pointed out by the Productivity Commision in April,

.

Full story

.

Rather than supporting the workers, Dear Leader bought into a situation where international shipping companies were playing New Zealand ports off against each other, to gain the  lowest possible port-charges.  Even local company, Fonterra, was playing the game.

Here we have a situation where New Zealand workers were enjoying high wages – something John Key insists he supports – and yet he was effectively allowing international corporations to create circumstances where those wages could eventually be cut and driven down.

As with the “Hobbit Law”, our Dear Leader appears to pay more heed to the demands of international corporate interests than to fulfilling his pledges to raise wages.

Precisely how does this raise wages, as per Dear Leader’s promises?

Next chapter: 4. Rest Home Workers

.

.

= fs =

Muppets, Hobbits, and Scab ‘Unions’

9 October 2012 8 comments

From a previous blogpost; Roosting chickens,

.

.

I think we all remember the ‘Hobbit‘ fiasco, last year. The cast of this little tragi-farce included Actor’s Equity; Peter Jackson; Warner Bros; and John Key and his guvmint.

It also included a gentleman by the name of Greg Ellis, who played a ‘bit part’, as leading a “break-a-way” group of actors (numbers unknown) and formed the so-called “New Zealand Actors’ Guild – Te Taurahere i Te Hunga Toi Whakaari“, in October 2010.

Mr Ellis formed the NZAG to oppose Actor’s Equity, who at the time were attempting to negotiate with SPADA (Screen Production and Development Association – Waka Papaho). The NZAG came out firmly in support of Peter Jackson’s views that actors and production workers were “independent contractors”, and not employees…

… According to NZAG/Greg Ellis, Actor’s Equity were firmly cast as the “bad guys” in this affair. Actor’s Equity had no right to demand negotiations to improve the conditions of actors and other staff. After all, as NZAG claimed, “almost all actors prefer to be self-employed contractors”.

The government, led by our unfeasibly popular Prime Minister, John “The Baptist” Key, acted accordingly. They fulfilled their cameo-role as The Guvmint , and amended legislation that ensured that actors and other movie staff were independent contractors – not employees. At the stroke of a legislative pen, the rights of an entire class of New Zealand workers was taken away.

.

NZAG was little more than a scab-union. It’s creator, Greg Ellis, a relatively unknown “actor” may have had the best intentions in breaking away from Actor’s Equity, but he was nevertheless a pawn (a rather small pawn) in the game that the Big Boys were playing in this international industrial dispute.

Such is the role of the scab ‘Union’ – to play off worker-against-worker; to muddy the waters and cloud issues; and most importantly, to do the bidding of the Employer.

Ironically, Ellis’s naiveté came back to bite big chunks from his arse last September when he railed against one of the very issues that Actor’s Equity was campaigning on, when National announced,

Key players in the New Zealand film industry have raised concerns over new law changes, which they say could stifle local talent both in front and behind the camera.

On Friday the government announced that entertainment industry workers entering New Zealand to work for 14 days or less, would no longer have to be approved by a local film industry guild.

The move comes almost a year after the government secured the filming of Sir Peter’s Jackson’s The Hobbit through an urgent amendment to employment law, which prevented independent contractors from claiming entitlements as employees, as well as an agreement to increase the tax concession for big screen productions. ” – Dominion Post, 25 September 2011

Ellis’s bleating response,

Recently the NZAG was asked, along with various other industry guilds and unions to comment on further aspects of the new immigration regulations – this time relating to production companies applying to become accredited employers for the purposes of bringing in overseas performers.

The NZAG had several points to make, which included:

  • there needs to be more drilling down into the types of NZ employees that a business or production has. It is all very well to say a production has 25 kiwi employees but if they are all admin staff this is no use to us. At minimum a production, crew, and talent breakdown is necessary. It would be also desirable from the NZAG’s perspective to see whether the performers employed were principals, supporting cast, featured extra or extra. Again it is easy to say “we employed 200 kiwi actors on our film” but if all 200 were extras then this is not the best outcome.
  • etc,” – NZAG, 29 March 2012

That’s the trouble with scab unions – it can be damned embarressing when they forget their place and attempt to play the role of a real trade union or professional association.

Lobbying on behalf of your members is not the  raison d’etre for scab unions.

The place of a scab union is to know your place and remain there.

This is a lesson that Grant Lane, disaffected ex-Maritime Union member and organisor of the breakaway scab-union, ‘Portpro’ should learn, and learn quickly.

Like Greg Ellis,  Lane formed his breakaway “union” to create a puppet workers’-front more sympathetic to employers’ demands.

Lane insists that his “union” is independent, but this is patently untrue. Facts reveal otherwise,

  • POAL CEO, Tony Gibson, thanked Grant Lane for signing an employment agreement to cover “Portpro’s” thirtythree members,

The new deal is a partnership which rewards both sides – it delivers a productive and cost-effective outcome for the port, and well-paid jobs for PortPro members. Ports of Auckland wishes to thank PortPro for the positive and constructive way they approached bargaining, which has been completed efficiently and without disruption.” – Source

It’s unclear what sort of “bargaining” took place when, as CTU president Helen Kelly revealed,

PortPro simply agreed to all of the port’s bargaining points” – no weekend loading, no standard shifts. The contract  removes all security of employment.”

“Bargaining”? More like a good rodgering.

  • If  “Portpro” is as independent as Lane insists, why was POAL stevedoring manager Jonathan Hulme listed as a contact for maritime workers wanting to join the new “union”, or wanting more information about “negotiations”?

Since when does a senior management official become a contact for a trade union?

Such an arrangement  is unheard of in the annals of industrial relations. The only inference one can take is that “Portpro” is a stooge for  POAL (Ports of Auckland Ltd).

Otherwise, would POAL management volunteer to offer services to the Maritime Union? Yeah, right.

  • Port spokeswoman Dee Radhakrishnan said there had been no company involvement in setting up the new body, but it was legally obliged to respond to the group’s bargaining overtures.” – NZ Herald, 24 Sept 2012

Since “Portpro” has never had any collective agreement with POAL, it’s unclear as to how the port company was  “legally obliged” to “ respond to the group’s bargaining overtures“.

If I set up a new “union” called the “Funky Union for Corporate Kickbacks” and approach POAL – are they also “legally obliged” to “respond” to me? Cool!

At any rate, Port manager Hulme denied knowing “how to get in touch with Portpro” – despite  Port Spokeswoman Dee Radhakrishnan explaining that “it was so he could refer them to Mr Lane for information about the proposed bargaining”.

Bizarre.

POAL need to get their ‘cover story’ straight, it seems.

POAL and “Portpro” achieved a “negotiated agreement” just nine days after beginning negotiations. (See:  Ports gains quick collective agreement from new union)

Really? Nine days? What took them so long?

Surely the deal should’ve been signed, sealed, and delivered,  nine minutes after “Portpro” was officially registered.

After all, it’s fairly obvious to anyone with two firing neuron-cells that “Portpro” is a creature of Ports of Auckland Ltd. It is no more “independent” than my thumb is from my hand.

Such front-organisations are also illegal under the Employment Relations Act 2000. The Ministry of Business, Innovation, & Employment website states quite clearly,

What the Employment Relations Act requires

The Employment Relations Act 2000 requires a union to be an incorporated society, to be independent from employers, and to have a set of rules that comply with the requirements of the Employment Relations Act 2000

Independence from employers

A union must be independent of, and be constituted and operate at arms length, from any employer.

The Registrar of Unions may examine applications for registration as a union to determine whether or not an applicant is independent of any employer. If an applicant is not independent of any employer, the Registrar must decline to register it as a union.

Employer support for the formation and/or registration of a union will not, in itself, prevent registration. The Registrar of Unions will consider all relevant circumstances including the nature and purpose of employer support and any employer influence over the nature or scope of the union’s activities.” (Source)

New Zealanders should be wary of these kinds of  “independent unions”. They are not here for our benefit. They are here to drive down wages; reduce conditions; and increase profits for employers and shareholders.

Workers who organise such “unions” are prostituting themselves for corporate interests.

Workers who join them do so at the peril of all workers in this country.

.

*

.

Previous blogposts

Lies, Boards, and Aucklandports (#Toru)

Ratbags, Rightwingers, and other assorted Rogues!

Roosting chickens

Sources

The temporary website for the NZ Actors’ Guild (since Oct 2010)

Law changes ‘could stifle screen talent’ (25 Sept 2011)

Port to hold talks with union of non strikers (24 Sept, 2012)

Rebel union signs deal with port – “a partnership which rewards both sides” (5 Oct 2012)

Ports gains quick collective agreement from new union (6 Oct 2012)

Maritime Union laughs off rival in Auckland port dispute (6 Oct 2012)

New port union could spell trouble – lawyer (6 Oct 2012)

References

Ministry of Business, Innovation, & Employment: Union registration and administration

.

.

= fs =

National signals epic fail – and waves flag of surrender (Part #Rua)

|

|

When National took office in November, 2008, unemployment was on the way up. From a record low of 3.4% in December 2007, it stood at 4.8% a year later.

By December 2009, the Quarter Household Labourforce Survey unemployment rate had risen  to 7.3%,

|

Source

|

The unemployment rate has since dropped back to 6.3%, for the December 2011 quarter. The slow drop from 7.3% to 6.3% has taken two years to achieve – and even the cause of that outcome is debateable, as New Zealand  “baby boomers”  start retiring and others  escape our stagnating economy to Australia.

I will make one thing clear; I do not lay blame nor responsibility for the doubling of our unemployment at the feet at National. The 2008  global banking crisis, ongoing recession, and massive debt-problems were issues beyond any political Party in any country. National inherited an international situation not of it’s direct making. (Though National does espouse a neo-liberal ideology which most certainly contributed to the crisis in capitalism.)

As an interesting aside; National and it’s groupies  (quite rightly) blame the 2008 recession for our high unemployment rate. However, they conveniently ignore the 2008 recession when engaging in beneficiary-bashing – then the issue of  increased unemployment is a “lifestyle choice”.

However, this blogger maintains that whilst the rise in unemployment was not National’s fault – that National has been derelict in it’s duty to address the crisis in joblessness. Bashing beneficiaries and painting them as lazy layabouts indulging in a “lifestyle choice” will not create one single job.

Blaming beneficiaries for a global situation they had no hand in making is an abrogation of responsibility by National.

I think we all know by now that National hasn’t a clue when it comes to job creation. They have no policies to generate jobs, and what what they have been doing has been tragically counter-productive,

|

Full Story

|

Full Story

|

This blogger is aware of one solo-mum who used the TIA to go through University; upskill; find a well-paid job;   move of welfare; and is now a tax-paying member of society. But I guess that is not the meme that National wants  entering the public consciousness. Their agenda is better served by scapegoating solo-mothers. (But never solo-dads.)

See:   Once upon a time there was a solo-mum

Paula Bennett  used the TIA to put herself through University; upskill; and then move on to a more well-paid benefit; she became Minister of Welfare.

See: Hypocrisy – thy name be National

Bennett’s axing of the TIA and other cutbacks in training and upskilling is what is colloquially known as a false economy.  It may save a few million bucks now – but will only delay the Day of Reckoning when we end up with an untrained, low-skilled society.

Even John Key made this a theme of his speech four years ago,

|

The National Party has an economic plan that will build the foundations for a better future.

  • We will focus on lifting medium-term economic performance and managing taxpayers’ money effectively.
  • We will be unrelenting in our quest to lift our economic growth rate and raise wage rates.
  • We will cut taxes, not just in election year, but in a regular programme of ongoing tax cuts.
  • We will invest in the infrastructure this country needs for productivity growth.
  • We will be more careful with how we spend the cash in the public purse, monitoring not just the quantity but also the quality of government spending.
  • We will concentrate on equipping young New Zealanders with the education they need for a 21st century global economy.
  • We will reduce the burden of compliance and bureaucracy, and we will say goodbye to the blind ideology that locks the private sector out of too many parts of our economy.
  • And we will do all of this while improving the public services that Kiwis have a right to expect.  

Because the hard truth is that Labour’s economic underperformance hasn’t delivered the social dividend they promised us.  

So, make no mistake: this election won’t be fought only on Labour’s economic legacy.  National will be asking Labour to front up on their social legacy, too. Many of the social problems the Government said it would solve have only got worse.

This time a year ago, I talked about the underclass that has been allowed to develop in New Zealand. Labour said the problem didn’t exist.  They said there was no underclass in New Zealand.

But who now could deny it?  2007 showed us its bitter fruits. The dramatic drive-by shooting of two-year-old Jhia Te Tua, caught in a battle between two gangs in Wanganui. The incidence of typhoid, a Third World disease, reaching a 20-year high. The horrific torture and eventual death of three-year-old Nia Glassie. The staggering discovery of a lost tribe of 6,000 children who are not enrolled at any school.” – John Key, “State of the Nation Speech”,  29 January 2008

|

John Key finished of that speech  by saying,

|

We will not sweep problems under the carpet.  We will not meet the country’s challenges by quietly lowering our expectations.”

|

So how has National performed?

Not so good, I’m afraid. (But that’s hardly surprising.)

Aside from cutting back on training, National seems to be engaged in a clandestine programme to actually keep wages depressed. Bill English admitted as much last year, on TVNZ’s Q+A when he let slip that New Zealands lower wages were a competitive advantage to Australia,

|

“”Well, it’s a way of competing, isn’t it? I mean, if we want to grow this economy, we need the capital – more capital per worker – and we’re competing for people as well…

“… we need to get on with competing with Australia. So if you take an area like tourism, we are competing with Australia. We’re trying to get Australians here instead of spending their tourist dollar in Australia.” – Bill English, 10 April 2011

|

Despite a low-wage economy being counter-intuitive for a multitude of common-sense reasons, it appears that – with National’s coded  assent – some local industries are attempting to drive down wages and develop a low-wage economy.

The current industrial disputes with AFFCO and Ports of Auckland Ltd are based purely around driving down wages  by cutting conditions; casualisation; and crushing unions in the workplace.

In October last year, the Seafood Industry Council (SeaFIC) told a ministerial inquiry into Foreign Charter Vessels that their industry needed more cheap foreign labour,

|

SeaFIC says FCVs hiring Asian crews was no different to companies going to low wage countries.

“Many New Zealand businesses have exported jobs previously done in New Zealand to other countries with wage rates considerably less than minimum wage rates in New Zealand.” ” – Source

|

See: Is this where New Zealand is heading?

See: Foreign fishing boats, Hobbits, and the National Guvmint

The prospect of slave crews on foreign fishing vessels in our territorial waters was a step too far, even for right-wing blogger and National Party cadre, David Farrar. He seemed horrified at what a ministerial inquiry and US journalist had uncovered. (Or perhaps it was faux-disgust, to try to distance National from slavery on New Zealand’s high seas. Who can tell.)

See: A Slave By Any Other Name

However, it was not a good look for one of our industries to be lobbying National to permit more cheap labour into New Zealand. Even if it was to be far out at sea, out-of-sight-out-of-mind, our US-based clients were not too happy when they found out what was going on under our noses, and from which we were seen to be profitting,

|

Full Story

|

Now, National’s inaction on job creation, training, and upskilling is beginning to bite. Reliance on the free market has not achieved any desirable, measurable goals. In fact, business is still luke-warm at hiring and training new staff.

Global finance and accounting firm Robert Half’s director director, Andrew Brushfield, expressed surprise at  the “cautious hiring predictions among New Zealand CFOs”. Really? No sh*t, Sherlock.

So where does that leave us;

  • A National government that is cutting training allowances
  • No government employment-creation programme to speak of
  • No state apprenticeship programme
  • Leaving job creation and training to the ‘market’
  • The ‘market’ being reluctant to generate employment

No wonder unemployment is still at 150,000.

And little wonder that, with 150,000 jobless, and no jobs training, the Christchurch re-build is now hampered by a shortage of skilled tradespeople,

|

Full Story

|

Full Story

|

To illustrate how short-sighted National (and it’s right wing hangers-on and sycophantic businesspeople),  Weltec offers seventeen week (full time) courses in the painting trade,

|

Source

|

If has been fourteen months since the tragic, devasting quake of 22 February 2011. We could have had a small army of in-training workforce ready to go by now.

FBG Developments managing director, Fletcher Glass,  could have his 50 painters – and more – instead of complaining bittlerly,

|

You can’t train skilled tradespeople in two years, and even if you could train 24,000 tradespeople, you would over-saturate the market after the rebuild.  If you get tradespeople from other parts of the country, you will deplete those places of tradespeople, and that will drive rates up. That will make house prices go up, so buying a house would be even less achievable.’

Hiring overseas workers would prevent Christchurch from turning its problem into a nationwide problem. If you need 6000 painters at the peak of the rebuild, that’s every painter in Dunedin and Wellington.” – Ibid

|

What absolute rubbish.

I have a sneaking suspicion that Mr Glass , like SeaFIC, is seeking  painters from Southeast Asia because they will accept minimum wage.

So we can add the following to the above list, as to why we have a shortage of trained tradespeople to take part in Christchurch’s re-build,

  • Employer self-interest

As a point of interest, the above media article also conducted a poll. It asked a simple question,

Should New Zealand fast track visas for overseas tradesmen?

Yes, we need more workers urgently
85 votes, 20.4%

No, we should train more NZers
332 votes, 79.6%

Nearly 80% of New Zealanders have enough common sense to realise what we should be doing. Obviously, none of those 80% are represented by any of National’s current  59 members of Parliament.

In case anyone is foolish enough to accuse this blogger of being fiscally naive, I refer to a BERL report, last year,

|

Industry training has billions in benefits – study

A new study suggests the country could lose between $7.2 and $15.1 billion dollars annually if the Government withdrew its investment in industry training.

The study by the Business and Economic Research Limited (BERL) sets out to quantify the costs and benefits of industry training both to businesses and to the country.

According to one model, it found a cut in all public funding towards industry training would result in a loss in gross domestic product of 0.6 to 1.8 percent by 2014, and between 2.9 and 6 percent by 2021.

That equated to a loss of between $1.2 and $3.7 billion annually in the short-term and between $7.2 and $15.1 billion in the long term.

BERL said under such a scenario, the loss of skilled labour would have a detrimental effect on the export sector, crimping its capacity and reducing its competitiveness as industries competed for a smaller pool of talent.

The report, commissioned by the Industry Training Federation, said the results underlined how the country’s skill levels could ”positively impact on the quality and value of the goods and services produced, and the standard of living in New Zealand”.

However, it also noted the economy was complex and warned that ”any attempts to prioritise or isolate particular industries, sectors, occupations or skills as being more or less important are economically unsound  “.  – Source

|

Training up unemployed New Zealanders who’ve lost their jobs over the last four years of recession; it’s not just a good idea or a “nice to have” – it’s bloody well obvious!

National’s faith in free market forces is admirable. But the rest of us gave up believing in Father Christmas, Easter Bunny, and Superman as we grew up. (Though having Superman around might be useful.)  It is high time that John Key and his Merry Band gave up their quasi-religious belief in the Invisible Hand of The Free Market.

Ideology will not re-build Christchurch. We need many hands – trained up and paid well – to do the work. 150,000 pair of hands!

I leave (almost) the last word to  Dear Leader,

|

We know this isn’t as good as it gets.  We know Kiwis deserve better than they are getting.  We are focused on the issues that matter and we have the ideas and the ability to bring this country forward. 

National is ambitious for New Zealand and we want New Zealanders to be ambitious for themselves. ” – John Key, “State of the Nation Speech”,  29 January 2008

|

Wouldn’t that be a fine thing?

|

|

= fs =

Weak Comments of the Week – 31 March

|

|

This week, two comments by public figures vie for top placing as the Foot in Mouth, Weak Comment of the Week. Both are so unbelievably unconvincing that it speaks volumes about how these people view the public as fools…

Candidate #1: Tony Gibson, CEO of Ports of Auckland Ltd (POAL)

However, Ports of Auckland chief executive Tony Gibson said the back down was an attempt to reduce pressure on the supply chain, where the company was “acutely aware” that customers and businesses were hurting. ” – Source

POAL has listened to the wishes of the Court, as well the views of the Mayor and all other stakeholders”, Gibson said. ” – Ibid

Oh gosh, Tony, you think ?!

The port workers collective employment agreement  expired on 30 September 2011, and formal negotiations had been ongoing since 5 August 2011 – over half a year!

In that time, POAL announced an agenda to casualise the workforce ; contract out jobs;  workers have been forced to resort to strike action to secure their jobs and conditions; and the company  exacerbated the crisis with needless, expensive  lockouts.

Even the Employment Court found that the port workers had an “arguable case“.

In all that time, as weeks turned into months, and the intransigence of POAL Board and management worsened, importers and exporters were bleeding money,

Weekly trade worth around $27 million – and $90,000 to $100,000 a week for the port – will instead be rerouted through the ports of Tauranga and Napier from the end of the month.” – Source

Has it taken six months for Tony Gibson to recognise that ” customers and businesses were hurting “?

Nah, rubbish.

Gibson, Pearson, et al, have endured an embarressing bollicking from the Employment Court decision that their lockout was illegal; they had most likely broken the law (vis-a-viz the Employment Relations Act) in terms of bargaining in good faith; and that the Maritime Union had an “arguable case”.

Claiming to be suddenly concerned for the welfare of Auckland businesses and  that  ” the back down was an attempt to reduce pressure on the supply chain ” is disingenuous.

And just a little bit darkly cheeky.

|

*

|

Candidate #2: Michelle Boag, ex National Party President

|

This one is a ‘classic‘, and I think most folk will understand why I had a tough time trying to determine whether Gibson or Boag’s comments merited the most derision,

One of her advisers, anticipating that a confidential settlement might be reached, said it would be wise to include all the people who were aware of the dispute so that if any of them asked afterwards, Bronwyn would not be accused of breaching confidentiality. ”  – Source

The comment refers to Bronwyn Pullar’s letter to her insurance company Sovereign, seeking $14 million in compensation for a head accident she suffered ten years ago. (I make no judgement on this matter. Personal experience with other individuals has shown me that head injuries can create long-lasting mental and emotional effects.)

However, in Ms Pullar’s letter – which yet again was leaked to the media (TVNZ’s “Close Up” programme) – she listed twentyeight people  as members of her supposed “support/advisory team” including Prime Minister John Key, ex-Prime Minister  Jenny Shipley, National Party fundraiser Selwyn Cushing,  and ex-minister Wayne Mapp.

John Key has steadfastly denied any involvement in being  included in the list.

Wayne Mapp and Selwyn Cushing have admitted involvement.

Now, for Ms Boag to suddenly claim that ” it would be wise to include all the people who were aware of the dispute so that if any of them asked afterwards, Bronwyn would not be accused of breaching confidentiality ” – is simply bizarre. It makes no sense.  It is clutching at straws and offering the most feeble excuse imaginable to explain why Ms Pullar’s letter  required 28 high-powered New Zealanders to have their names included in her letter.

In short; bollicks.

Anyone with two inter-connected, firing, neurons would understand that listing 28 prominent individuals would be done for one reason only; to add weight to Ms Pullar’s claim against Sovereign Insurance. In effect, she’s saying, “Look here! I know all these High Ups! Don’t mess with me or they may do ‘XYZ’ to you! So gimme the cash and I’ll go away.”

That would tie in with allegations (unsubstantiated) that she requested two years’ worth of benefits from ACC “to move forward”.

So, no, Ms Boag. Your rational for why those 28 names were included in Ms Pullar’s letter is nonsense. More than that, it’s an insult to our intelligence.

If you’re going to bullshit us, can you at least make it convincing?

|

|

= fs =

Gerry Brownlee – “In the public interest”

24 March 2012 3 comments

|

Full Story

|

Are we being treated as children by National’s Gerry Brownlee?

It certainly appears so, when he refuses to release information relating to the Ports of Auckland dispute. It appears that any information Brownlee is witholding is being done because it would be embarressing to National.

Let’s be upfront here; National leaks information when it suits their agenda.

The Nick Smith/Bronwyn Pullar situation is one example. Who leaked Pullar’s name and details to the media?

Who leaked Michelle Boag’s email, that had been sent to ACC Minister Judith Collins (and subsequentlyt forwarded to ACC)?

It could only have been one of two ‘players’ in this politi-drama; ACC or a Minister of the Crown. My money is on the latter.

And now, in the last 24 hours, we have the leaking of pay and conditions of MFAT (Ministry of Foreign Affairs &  Trade) staff to the media. Again, judging by the detailed nature of the information leaked, it could only have emanted from a Ministerial desk.

And in July 2009, we had the open release of  Natasha Fuller and   Jennifer Johnston’s WINZ details to the media, by Welfare Minister, Paula Bennet.

The condemnation of Bennett’s unethical behaviour led to complaints to the Privacy Commissioner (still awaiting resolution).

I suspect that the odium laid upon Bennett’s head over her abuse of Ministerial power served as a warning to other National ministers. Now, instead of releasing information openly, they now do it through  clandestine means, employing third parties such as feral bloggers.

It is obvious that Brownlee has something to hide – that is the only interpretation of his outright refusal to release information to the public. (Information, by the way, which we taxpayers have paid for.)  Brownlee is hiding information that is most like embarressing and could shed some light on the machinations of POAL management, Board, and ministerial involvement.

After all, if the information wasn’t potentially damaging to Brownlee and National – wouldn’t it  have served their purposes to have released it by now?

In fact, wouldn’t they have leaked it already?

|

|

|

Related Blogposts

Gerry Brownlee – Diplomat

Finland, some thoughts

|

|

= fs =

Paul Holmes, Port workers, and pay questions

20 March 2012 2 comments

|

|

A few days ago,  in a column in the NZ Herald, broadcaster Paul Holmes passed judgement on the dispute between Port workers and their bosses, Ports of Auckland Ltd (POAL). Holmes found in favour of the bosses, stating,

|

Also for Q+A I had cause to really brief up on Auckland’s waterfront dispute and two of the leading protagonists came in on the programme last Sunday morning, the union president, Garry Parsloe, and the Ports of Auckland chairman, Richard Pearson.

Both were engaging men. And isn’t that an interesting thing? I hardly ever meet anyone I don’t like. Everyone wants the best for their people. Trouble is that people’s views of what’s best differ so widely. Causes trouble.

Anyway, I formed the view that the ports company have not been ungenerous in their offers to the union. In fact, even Auckland Mayor Len Brown himself agreed that the company’s first offer made early last September should have been accepted.

The offer would have rolled over the collective agreement and given the workers a 2.5 per cent pay increase each year for three years. There were several offers but early on the company decided it could no longer tolerate its workers getting paid for sitting around doing nothing.

I do not believe the union when it says that it’s a lie that the workers earn in excess of $90,000 for an average 26 hours work. Ports of Auckland had Ernst and Young audit the figures. And that’s something you notice about the ports’ conduct throughout the dispute. They’ve done things very thoroughly.

The union’s argument that its people ceasing to be permanent staff would mean that their families couldn’t plan things was obliterated by the company’s offer to roster the men for 160 hours a month, and the roster delivered a month ahead. For the life of me, I can’t see what’s wrong with that.

I think the union was dyed in the wool. I think they didn’t read the signs. Before they knew it, it was all over. Nearly 300 men were made redundant, just like that. End of story. I think there were some hardliners who’ve buggered things up for everyone. Hysteria is never a good thing.

|

I find Holmes’ jaundiced views  on this issue highly ironic.

Aside from the fact that he has uncritically swallowed the POAL claim that Port worker’s are paid ” in excess of $90,000 for an average 26 hours work ” based on an Ernst & Young “audit” (of which we have been given only a summary, and not the full report on how that figure was calculated) – Holmes should have good cause to feel greater empathy for the much-maligned striking workers.

From February 2001,

|

Evening Post - 2 February 2001

|

Evening Post - 12 February 2001

|

Paul Holmes had every right to feel aggrieved. The storm of angry criticism  over his salary amounted to little more than a moral panic from ‘armchair knitters’ – members of the public who had little better to do than chide a public figure for a perceived ‘sin’.  Most of the criticism was based on the misconception that Paul Holmes’s salary was paid out of taxpayers’ money.

He was actually paid out of advertising revenue and sponsorship  from various businesses that wanted their corporate name, products, and services associated with the highly rating ‘Holmes‘ programme at the time.

I recall writing several letters-to-editor on this issue. Even celebrities, I felt, deserved a measure of common sense and public criticism of Paul Holmes for being paid $770,000-$780,000 was unfair, unwarranted, counter to my understanding of the Kiwi ethos of giving people a fair go.

Back to the Future…

So for Paul Holmes to join in with the POAL to put the boot in to port workers is disappointing. Of all people, he should be painfully aware of what it’s like to be judged harshly, in a very public way, by people who don’t have the facts at hand.

There is an old saying which I try to live by (despite my own personal  mistakes in my life);  “There, but for the grace of god, go I“.

Paul seems to have forgotten that simple truism.

|

|

= fs =

Port Dispute Updates

|

|

15 March

From Save Our Port.Com,

Ports of Auckland workers will be boosted by several displays of support and solidarity this weekend, the Maritime Union said today.

And  on Saturday, workers will enjoy a very relevant musical show.

Chris Prowse, the musician behind the Trouble on the Waterfront album and show which was used to mark the 60th anniversary of the 1951 Waterfront Dispute, will perform at Teal Park around 11am on Sunday.

On Thursday, Bishop Muru Walters of Wellington visited the Teal Park camp along with members of the Anglican Social Justice Commission.

Earlier this week Bishop Walters had said “I am a bishop from the north. When people in the north hurt, I hurt.   When their security is put under threat, so is mine. I will stand in solidarity with the workers on the picket line. We need to remember that people are the most important thing: the security of families and especially children.”

Maritime Union National President Garry Parsloe said Ports workers deeply appreciated the support and solidarity shown by people across Auckland, other parts of New Zealand, and from workers’ unions internationally.”

|

|

* * *

Meanwhile,

The Ports of Auckland has agreed not to take any further action over redundancies ahead of a meeting next week.

The port has agreed with the Employment Court not to take further steps in the redundancy process or engage with contractors until after a judicial settlement conference is held on Monday.

The Maritime Union had gone to the court claiming Ports of Auckland had not followed the correct process when deciding to make 292 workers redundant.” – Port agrees to pause redundancies

This is a reasurring position by POAL management. Hopefully cooler, saner heads have prevailed within POAL’s Board and management team.

In reality, I suspect that pressure brought to bear on POAL is having some effect on otherwise intransigent employer. (Little wonder that Board Chairman Richard Pearson has taken over from CEO Tony Gibson, as the “front person” for the company. Notice how all media contacts are now with Pearson? Normally, it is CEOs that front for an organisation – not Board members nor chairpeople.)

The public rally on 10 March,  with an estimated 5,000 attending, must have sent shock waves through POAL  and the Mayor’s office, who suddenly decided to intervene and offer to mediate.  Still uncompromising, POAL was not prepared to do it’s part,  and POAL chairman, Richard Pearson said:

It’s all over. We’ve made the decision.”

Mr Pearson may have spoken too soon.

* * *

On the same day, the port dispute was firmly on Auckland Council’s agenda at an Extraordinary Meeting.  The “hot”  issues were POAL’s decision to sack 292 Port workers, and the mysterious “12%” ROE figure that was being bandied about.

Note: It’s intriguing that even Gary Swift, CEO of Auckland Council Investments Ltd (ACIL) was unable to explain to Cr Richard Northey just precisely where the “12%” figure had originated from.

In a memo to Mr Swift,  dated 20 January, Cr Richard Northey wrote,

What was the origin and the justification for the above KPI [12%]? The Accountability and Performance Committee on 9 November [2011] was assured that this was an appropriate stretch target, but where did it originate from, and what was the basis and evidence for choosing that number?”

Mr Swift replied, in a memo dated 27 January,

I’m not exactly sure where the return on equity [ROE] target of 12% originated. I know that the current rate of return was universally considered to be far too low and I recall discussions with the Mayor  along those lines as well. The current rate of return is about  6% and a suitable stretch target was that it be doubled. I think Doug McKay may have suggested 12% when he met with the POAL Board. The origin is less important than whether it was achievable.  In discussions  with POAL we asked them whether it was possible and what would have to change to achieve it.

Which is not just intriguing – but critical to this issue, as Board members and Management are performance-assessed on “KPIs” – Key Performance Indicators.  How can a Board member or Management be assessed against a ROE (Return on Equity) – if that figure’s provenance or legal standing – cannot be established?!

Stating that “the origin is less important than whether it was achievable” is a nonsense. Of course it is important! It the responsibility of the Auckland Council to set target goals. Council Organisations (CO) and Council Controlled Organisations (CCO) Boards cannot pluck figures out of thin air and implement shonkey numbers as policy!

Sections 90 and 91 of  Local Government (Auckland Council) Act 2009 state fairly clearly the powers of Auckland Council to make policy to “identify or define any strategic assets in relation to each substantive council-controlled organisation and set out any requirements in relation to the organisation’s management of those assets, including the process by which the organisation may approve major transactions in relation to them” (Section 90/2/e) .

Cr Richard Northey also moved, seconded by Cr Casey,  that,

a) That the attached correspondence between the Chairperson of the Accountability and Performance Committee and the Chief Executive of Auckland Council Investments Limited in January 2012 be received.

b) That the Governing Body endorse the attached statement on the Port dispute made by the Chairperson of the Accountability and Performance Committee at its meeting held on 9 February 2012.

c) That the resolutions from the Albert/Eden, Waitemata and Maungakiekie-Tamaki Local Boards be received.

d) That the Governing Body express to the Ports of Auckland and to the Maritime Union:

i) its strong desire for an immediate return to good faith bargaining aimed at the achievement of a fair collective agreement that further significantly improves port efficiency, and

ii) its opposition to the redundancy and contracting out of 292 port workforce positions as proposed.

( Cr Northey withdrew parts d) i) and ii) with the agreement of the meeting, following legal advice on the role and powers of the Council.)

Cr Casey amended Cr Northey’s motion with this addition,

That the 12% return on equity from Ports of Auckland be reviewed at the earliest opportunity by the Accountability and Performance Committee, at the latest by its meeting of 4 April 2012.

Even though the  motion had been gutted, and the amendment regarding the “12%”  called only for a “review” – it was defeated by five votes to eleven;

For:

Councillors: Dr Cathy Casey
Alf Filipaina
Mike Lee
Richard Northey
Wayne Walker

Against:

Mayor: Len Brown
Councillors:Cameron Brewer
Hon Chris Fletcher
Ann Hartley
Penny Hulse
Des Morrison
Calum Penrose
Dick Quax
Sharon Stewart
Penny Webster
George Wood

Little wonder that Brian Rudman, writing in the NZ Herald, summed up the decision of the Council thusly,

Rhetoric to one side, you have to agree. Auckland’s rulers surrendered power to the unelected yesterday with hardly a whimper.”

Even more incredible was to follow, when the Mayor then put the original motion again, this time  in two parts:

a) That the attached correspondence between the Chairperson of the Accountability
and Performance Committee and the Chief Executive of Auckland Council
Investments Limited in January 2012 be received.

That was carried.

The next part,

b) That the Governing Body endorse the attached statement on the Port dispute made
by the Chairperson of the Accountability and Performance Committee at its meeting
held on 9 February 2012.

… was defeated, 6 votes to 10.  Having moved the motion, Len Brown then voted against it. Silly buggers or what?!

For:

Councillors: Dr Cathy Casey
Alf Filipaina
Penny Hulse
Mike Lee
Richard Northey
Wayne Walker
Against:

Mayor: Len Brown
Councillors: Cameron Brewer
Hon Chris Fletcher
Ann Hartley
Des Morrison
Calum Penrose
Dick Quax
Sharon Stewart
Penny Webster
George Wood

This bit is important. It relates to a report made bt Cr Richard Northey, from the Accountability and Performance Committee , which he chairs. Specifically, the defeated motion refers to a meeting of his Committee held  on 9 February 2012. See document here on page 15. The report states, in part,

“… The Port Company should make every effort to achieve a good new collective agreement because of the potential damage to the Auckland economy that could well result from acting to contract out the workforce.

[abridged]

… “I support the Port Company seeking to make work practices of the Port more flexible to make an already efficient Port of Auckland more efficient and effective. However, keeping a directly employed and fully engaged workforce is preferred because it materially  contributes to that objective much more than contracting it out. “

The full document is worth reading.

That is the report that 10 councillors (including the mayor) voted against. ‘Dem words in Cr Northey’s report – dey must be powerful ju-ju magic, to have rejected it’.

* * *

16 March

A fund-raising event was held in Wellington on Friday evening. Primarily a social gathering, the 200+ who attended were addressed by CTU Secretary, Peter Conway.

Peter spoke with a calm, but confident voice and thanked people for coming to the fund-raiser. He said events like these, to support striking workers whose jobs were under threat,  was a “time when our values are tested“. He acknowledged that we were living in tough times but fundraisers were critical when faced with a well-resourced, determined, and often quite nasty opposition.

He added that for the most part, “workers are not at war with their employers – like some are” and that whilst this government had increased taxes for workers and beneficiaries – that the taxcuts had benefitted mostly the rich.

Peter referred to the manner in which industrial disputes were being fought, and that there was a “dirty” campaign to smear Helen Kelly and others, through certain internet websites. He added that Gary Parslow from the Maritime Union was working hard on behalf of his union members – and had not had a day of or weekend in three months.

Peter added that the good news was that a $2,000 dollar donation had been made to the Meatworkers Union in their fight against Talleys, and that morale on picket lines was still strong. He said we had to fight this, because casualisation would end up with “hours of work being txt-messaged to you – that’s where it’s heading“.

This blogger contributed to the collection-bucket being passed around – which was being filled generously by those in attendance.

|

Nick Kelly, addressing the gathering.

|

Delegates from striking Oceania Rest Home workers addressing the gathering. Morale was high, and workers were prepared for strike action on Monday, throughout the country.

|

17 March

|

And just in case the striking Port workers needed a morale boost, it came in the form of visiting Aussie rugby league players from  the Canterbury-Bankstown Bulldogs, who visited Ports of Auckland workers to show their support.

|

Bulldogs on ports of auckland picket line.

|

They also handed over a cheque for $20,000 to assist the workers’ fighting fund.  As some have remarked, Rugby League is the working man’s (and woman’s!) game!

NZ Maritime Union national president Garry Parsloe said,

It was great. They’re all the way over from Australia and came and stood beside working class people that are getting bashed around by their employer.”

Also on the picket line in Auckland, a couple of familiar faces,

|

Bulldogs and actors on Ports of Auckland picket line.

|

And yesterday, that tireless champion of New Zealand workers, Helen Kelly, was out and about on St Patrick’s Day! The power of the Irish be with ye, lassie!
|

|

* * *

Upcoming

OCEANIA NATIONWIDE STOPWORKS

BE FAIR TO THOSE WHO CARE!

Hundreds and hundreds of SFWU and NZNO members from over 50 Oceania rest homes held nationwide stopworks on 14 March. In Auckland our members marched on Oceania Head Office.  Members overwhelmingly endorsed further strike action. More strike action is planned for 19 March.

Support our members standing up for fair pay and quality care. Look out for details of how you can support pickets on 19 March.

|

* * *

|

What You can do to help:

Every little bit mounts up into an irresistable power – People Power!

*

Petition

Ports of Auckland workers are under attack from casualization and contracting out. Port workers have a right to secure employment. We want management to return to negotiations with the workers to agree on an outcome providing for secure employment and a productive and successful Port operation that benefits Aucklanders.”

Sign Petition Here

|

*

Donate to the Fighting Fund,

Internet/Bank Depost:

The Maritime Union of New Zealand has established a fund for supporters of the Save Our Port campaign to make donations to. This is a major dispute and any assistance you can give is appreciated.

Bank of New Zealand account 02-0560-0450165-004

Account name MUNZ NATFIGHTINGFUND

Please make a note of your name and/or organization if you wish to when making your deposit.

If you wish to confirm your donation please email us with the details.

Via 0900 Automatic $5 donation (+ 50 cents charge)

0900 6877 678

*

Buy a T-Shirt!

|

|

We have a limited number of Save Our Port t-shirts left – Men’s sizes S, M, L and XL, $25 each – email julie.fairey@gmail.com to get yours.

*

Stay staunch, folks – justice is on your side!

*

|

|

= fs =