Union access to worksites

MUNZ organiser Rex Pearce was unlawfully denied access to the ISO site at Northport in November 2021

Stevedoring company ISO broke law on union access

Australian-owned stevedoring company ISO was breaking the law when it tried to prevent Maritime Union representatives access to its Whangarei workplace at Northport. In a 17 December 2021 finding, the Employment Relations Authority ordered ISO to comply with access provisions under the Employment Relations Act (2000). ISO has been ordered to pay a penalty of $15,000, of which $5,000 goes to the Crown and $10,000 to the Maritime Union.

Strong message to employers

Maritime Union of New Zealand Craig Harrison says a strong message has been sent to employers who try to undermine the right of workers to meet with union reps on the job. The issue at Northport arose when ISO blocked access to Maritime Union representatives on the basis of COVID-19 regulations. The Employment Relations Authority (ERA) did not agree with ISO’s interpretation of the law. Mr Harrison told the ERA he was surprised MUNZ has had ongoing difficulties meeting stevedores at Northport, describing ISO as the only employer in New Zealand not allowing access to members in the usual way in smoko rooms, or discussing and agreeing on other suitable port arrangements. He says the ERA determination was crystal clear there had been an ongoing breach of the employer’s obligations to allow access. MUNZ acknowledged genuine COVID risk at the border, but that risk did not arise from union officials visiting a site but from seafarers on board vessels who travelled internationally.

No justification for ISO position

ERA member Nicola Craig said there was an absence of any expert medical or other opinion to justify ISO’s position that a serious risk needed to be managed and limitations on access to the port was an appropriate vehicle for doing so. “Even if the company was able to establish a procedure was in place which prevented access to the port altogether, I have serious reservations about whether that would be reasonable,” she said. The ERA determination states “It is important to deter employers from readily concluding that access rights can be denied with little consideration of reasonable restrictions which would allow access.” ISO has regularly been in the news around issues of worker wellbeing and safety, with this decision being the third time in 2021 ISO have had legal findings against them.