scholarly journals Working Time and the Application of Penal Rates of Pay: A Gender and Industry Analysis in the 1993/94 Year

Author(s):  
Raymond Harbridge ◽  
Anthony Honeybone

New Zealand employers have followed the international drive for greater internal numerical flexibility and associated changes to working time patterns. In the post Employment Contracts Act era, the thrust of changes for internal numerical flexibility has been directed at the removal of and reduction in penal and overtime rates of pay. At the Fifth Conference on Labour, Employment and Work in 1992 (LEW5) the authors reported on the early developments in collective bargaining arrangements over working time that had been identified from a sample of collective employment contracts. At this 1994 conference (LEW6) the authors will update that data, reporting the latest trends and developments in the working time area. The database from which the paper will be written contains some 2200 'live' collective employment contracts covering some 11,500 employers and 340,000 employees. Changes to working time arrangements are very much industry specific and the data will be reported by industry. A particular focus of the paper will be the effects of changes to working time arrangements on women employees.

1970 ◽  
Vol 19 (1) ◽  
Author(s):  
Sarah Oxenbridge

This case study describes and analyses the negotiation of a collective employment contract between an area health board management and regional representatives of the New Zealand Nurses Association during the first set of negotiations conducted under the Employment Contracts Act 1991. The study found that, contrary to claims by the Act's proponents, the Act does not lead to improved co-operation and communication between employers and employees. However, a high level of communication and co-operation was evident in the employee-union relationship, and it was found that certain provisions of the Employment Contracts Act afford employees greater power to determine their conditions of employment.


2019 ◽  
Vol 50 (2) ◽  
pp. 259 ◽  
Author(s):  
Alan Bogg ◽  
Tonia Novitz

In this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the 1980s to a statutory regime which facilitates recognition of a trade union following majority support from workers (usually by a ballot). By way of contrast, New Zealand has shifted from a highly regulated award-based model in the 1980s to an "agency" model whereby an employer is required to bargain in good faith with any union representing two or more of the employer's employees, but with some balloting also contemplated for coverage of non-unionised workers. It is uncontroversial that the United Kingdom legislation has been severely limited in its effects in a context of ongoing decline in collective bargaining, while the New Zealand model offers only faint remediation of the dismembering of the collective bargaining system by the Employment Contracts Act 1991. In both legal systems, a Labour Party is now proposing implementation of forms of sectoral bargaining. We explore the reasons for these political and legal developments, exploring democratic and human rights rationales for their adoption, as well as more pragmatic approaches. In so doing we examine the scope for democratic trade union representation via consent or ballot, the role of individual human rights and regulatory rationales. We conclude by considering how representative and regulatory approaches may be mutually reinforcing and address different understandings of "constitutionalisation". In so doing, we reaffirm the emphasis placed in Gordon Anderson's writings on substance over form.


1993 ◽  
Vol 35 (1) ◽  
pp. 62-83 ◽  
Author(s):  
Raymond Harbridge ◽  
James Moulder

Thefirst year of bargaining under New Zealand's Employment Contracts Act brought some very significant changes to the nature and structure of bargaining outcomes. This paper reports a major study of collective bargaining outcomes. Collective bargaining is the preferred option for 80 per cent of employers with fifty or more staff; however, the number of workers covered by collective bargains in New Zealand dropped from 721 000 in 1989-90 to an estimated 440 000 by 1991-92. The collapse of collective bargaining did not occur evenly across industries. Significant collapses happened in agriculture, food and beverage manufacturing, the textile and clothing industry, the paper and printing industry, building and construction, retailing, restaurants and hotels and the transport industry. Collective bargaining retains a strong foothold in the electricity and gas production sector, the public sector, the finance sector, the communication industry and the basic and advanced metal manufacturing sectors. A content analysis of 471 collective employment contracts (covering nearly 130 000 workers) settled in the first year of the new legislation is reported here. The data show a wide dispersion of wage settlements as the comparative wage justice system collapses; about half of the workers in the sample, however, received either a wage decrease or no increase over the preceding settlement. Important changes to working time arrangements have been negotiated and these are reported along with other content changes to working time and leave arrangements.


Author(s):  
Christopher Turner

This paper provides a brief comparison between the Employment Contracts Act 1991 (ECA) and the Swedish equivalent, the Co-Determination Act. The Co-Determination Act is then used to provide a framework against which an alternative to the ECA is discussed. The paper concludes by arguing for a system of contracting which emphasises collective bargaining, noting a number of impediments to its effective operation in New Zealand- at least in the short-term. Two such impediments which are discussed are the current low level of union density and voluntary unionism. Additionally, if New Zealand is to ratify ILO conventions 87 and 98, collective good faith bargaining will have to be embodied in any new legislative framework. Recommendations for such a framework are made herein.


2005 ◽  
Vol 49 (3) ◽  
pp. 576-596 ◽  
Author(s):  
Raymond Harbridge ◽  
Kevin Hince

This paper examines the significant shift in the central philosophic and léegislative base of labour relations in New Zealand since the adoption of the Labour Relations Act in 1987 and the Employment Contracts Act in 1991. It reports two empirical studies. The first examines the collective bargaining System. The second study reports the structure and membership of trade unions in New Zealand in this new environment.


Author(s):  
Raymond Harbridge ◽  
David Tolich

The research reported in this paper examines the impact in New Zealand of the liberalisation of the statutory regulation on working time in collective employment contract bargaining. Specifically this research reports working time arrangements that are changed in three areas. First the reduction (or extension) of the working week - thus decreasing (or increasing) the number of hours worked by full time workers. Second, the scheduling of the hours worked each week by full time workers. Here changes to the span of days available (and whether that span includes weekend days) and the span of hours available for ordinary work each day have been identified. Third, the application of overtime payments and the specific overtime rate has been examined.


1970 ◽  
Vol 14 (3) ◽  
Author(s):  
Raymond Harbridge ◽  
Michael Dreaver

Internal numerical flexibility (working hours, overtime and shift arrangements) is an important measure of the overall flexibility of the labour market. New Zealand's industrial legislation on working time arrangements is permissive and allows the parties to collective bargaining considerable freedom. However, awards and agreements have generally limited the 40 hour week to certain clock hours worked between Monday to Friday. Overtime and shift arrangements provide for work outside these clock hours. The research reported in this paper examines changes to working time arrangements in registered collective settlements in the 1987/88 wage round. Over 30 percent of registered settlements contained a change to their working time arrangements with agreements being significantly more likely than awards to contain such a change. At least one more flexible working time arrangement was introduced in over 80 percent of those settlements.


Author(s):  
Anderson Gordon ◽  
Peter Brosnan ◽  
Pat Walsh

This paper will examine two aspects of the labour market flexibility, namely the ability of the workplaces to adjust their workforce and to reduce their relative labour costs. The survey covers the period ending in May 1991 during which firms faced considerable economic uncertainty and financial pressure. As with the above studies it confirms that considerable flexibility existed in the New Zealand labour market prior to the Employment Contracts Act.


Author(s):  
Milla Salin

The aim of this study was to analyze mothers’ working time patters across 22 European countries. The focu was on three questions: how much mothers prefer to work, how much they actually work, and to what degree their preferred and actual working times are (in)consistent with each other. The focus was on cross-national differences in mothers’ working time patterns, comparison of mothers’ working times to that of childless women and fathers, as well as on individual- and country-level factors that explain the variation between them.In the theoretical background, the departure point was an integrative theoretical approach where the assumption is that there are various kinds of explanations for the differences in mothers’ working time patterns – namely structural, cultural and institutional – , and that these factors are laid in two levels: individual- and country-levels. Data were extracted from the European Social Survey (ESS) 2010 / 2011.The results showed that mothers’ working time patterns, both preferred and actual working times, varied across European countries. Four clusters were formed to illustrate the differences. In the full-time pattern, full-time work was the most important form of work, leaving all other working time forms marginal. The full-time pattern was perceived in terms of preferred working times in Bulgaria and Portugal. In polarised pattern countries, full-time work was also important, but it was accompanied by a large share of mothers not working at all. In the case of preferred working times, many Eastern and Southern European countries followed it whereas in terms of actual working times it included all Eastern and Southern European countries as well as Finland. The combination pattern was characterised by the importance of long part-time hours and full-time work. It was the preferred working time pattern in the Nordic countries, France, Slovenia, and Spain, but Belgium, Denmark, France, Norway, and Sweden followed it in terms of actual working times. The fourth cluster that described mothers’ working times was called the part-time pattern, and it was illustrated by the prevalence of short and long part-time work. In the case of preferred working times, it was followed in Belgium, Germany, Ireland, the Netherlands and Switzerland. Besides Belgium, the part-time pattern was followed in the same countries in terms of actual working times. The consistency between preferred and actual working times was rather strong in a majority of countries. However, six countries fell under different working time patterns when preferred and actual working times were compared.Comparison of working mothers’, childless women’s, and fathers’ working times showed that differences between these groups were surprisingly small. It was only in part-time pattern countries that working mothers worked significantly shorter hours than working childless women and fathers. Results therefore revealed that when mothers’ working times are under study, an important question regarding the population examined is whether it consists of all mothers or only working mothers.Results moreover supported the use of the integrative theoretical approach when studying mothers’ working time patterns. Results indicate that mothers’ working time patterns in all countries are shaped by various opportunities and constraints, which are comprised of structural, cultural, institutional, and individual-level factors.Keywords: mother, working time pattern; preferred working time, actual working time, integrative theoretical approach, comparative research


1997 ◽  
Vol 27 (4) ◽  
pp. 585
Author(s):  
Claire Baylis

In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.


Sign in / Sign up

Export Citation Format

Share Document