New Zealand Government unveils changes to 90-day work trials
The New Zealand government has unveiled changes to employment law, including restrictions around the use of the 90-day trial period brought in under the previous National-led government. Under the new law, the 90-day trial will remain as it is for businesses with fewer than 20 employees. Larger businesses will still be able to use the 90day trial as a probationary period, but with greater protections for employees. Statutory rest and meal breaks will be restored, but there will be a limited exception for workers in essential services who cannot be replaced, like air traffic controllers.
The legislation will roll back most of National’s changes to collective bargaining and union rights.
These include restoring the duty to conclude bargaining unless there is a good reason not to, removal of the right for employers to refuse to bargain for a multi-employer collective agreement and the restoration of the 30 day rule where for the first 30 days new employees must be employed under collective agreement terms. The bill would also restore the right of unions to be able to go onto a worksite without prior employer consent.
New proposals include a requirement to include pay rates in collective agreements and for employers to pass on information about unions in the workplace to prospective employees.
Greater protections against discrimination for union members will also be introduced. Prime Minister Jacinda Ardern said it was coalition partner New Zealand First that pushed to keep the 90-day trial in place for small businesses. “I want to make clear, though, that ... they were very clear that they wanted to weed out those employers who weren’t acting responsibly in the way they were engaging with employees.”
She acknowledged that some in the union movement would not be happy that 90-day trails would remain in place for smaller businesses.