workplace relations and safety - homepage | ministry … mbie officials ... as minister for...
TRANSCRIPT
WORKPLACE RELATIONS AND SAFETY PORTFOLIO
BRIEFING FOR THE INCOMING MINISTER
7 October 2014
2
Contents
1. Portfolio overview .......................................................................................................................... 3
2. Portfolio responsibilities ................................................................................................................. 5
Portfolio functions and responsibilities ..................................................................................................... 5
Key MBIE officials ....................................................................................................................................... 5
Legislative responsibilities .......................................................................................................................... 7
3. Near-term actions and decisions ..................................................................................................... 9
Creating and maintaining an effective health and safety system for New Zealand workplaces ............... 9
Ensuring employment regulation remains fit for purpose ....................................................................... 13
4. Major links with other portfolios ................................................................................................... 16
Annex 1: List of upcoming briefings ...................................................................................................... 18
Annex 2: Crown entities, institutions and statutory bodies .................................................................... 20
Annex 3: Funds and appropriations ...................................................................................................... 26
Annex 4: Contestable Funds and Trusts ................................................................................................ 27
Annex 5: Key stakeholders ................................................................................................................... 30
Annex 6: MBIE key contacts ................................................................................................................. 31
3
1. Portfolio overview
The Workplace Relations and Safety portfolio contributes to a high-functioning labour market by
creating and implementing the labour market’s core regulatory systems – the workplace Health and
Safety system and the Employment Relations and Standards systems. Together, these systems
support innovative firms and skilled people by setting the framework for safe, fair and productive
workplaces and protecting New Zealand’s international brand as a reputable employer in export
markets.
To play this role in supporting a high-functioning labour market, all parts of each regulatory system
need to be operating well – it is not sufficient to have world class legislation in place, although this is
critical given New Zealand’s distance from world markets and size. The legislation needs to be well-
enforced and participants in the system need to be appropriately supported to understand and
perform their roles and responsibilities. Given the dynamic nature of the business environment,
these systems need to be treated as ‘living’ and managed in a way that ensures they continue to
deliver on their goals as the context changes.
This section outlines the current key priorities in the portfolio. We will shortly provide you with
more detailed briefings on the status of each of these work streams, as outlined in Annex 1, and
would welcome the opportunity to meet with you in the near-term to better understand your
priorities in these areas so we can best support you to meet your objectives.
Progressing the Health and Safety Reforms
The Government’s blueprint for health and safety, Working Safer, is a system-wide reform of the
health and safety system. It sets ambitious targets aimed at seeing a step change in New Zealand
workplace health and safety performance, including a 10% reduction in serious injuries and fatalities
by 2016, and 25% by 2020.
These reforms are in their early stages and the Government has signalled as a priority continuing to
make progress with the reform package. This is critical as previous reforms only put elements of an
effective system in place and did not keep up the momentum. For the Working Safer reforms to
succeed we need a concerted focus for a number of years to implement and embed the necessary
step change in our workplace safety culture. The key components include:
putting in place new legislation and the supporting regulations, codes of practice and guidance
supporting the newly established regulator, WorkSafe NZ, to implement an enforcement approach that makes use of its full range of tools. This includes tailoring the regulatory response to the risk at hand and providing more education and support to business to assist compliance
ensuring there is a system-wide approach to health and safety by government agencies
focussing on more effective injury prevention activity in high risk sectors, and better incentives through the design of a Safety Star Rating Scheme, and
building the capability and capacity of key system participants.
4
Supporting the Independent Forestry Safety Review
Health and safety in forestry has had public attention due to high injury and fatality rates. Recent
WorkSafe NZ assessments have found high levels of non-compliance with health and safety
regulation within forestry. An independent panel on forestry is due to report in late October with
recommendations to improve safety performance in the forestry sector. The Government has
signalled it supports the review and will consider carefully the Review Panel’s recommendations. We
have worked closely with WorkSafe NZ and the Ministry of Primary Industries to support the Panel
and we will develop advice on any proposed Government response together. To achieve the desired
step change in safety outcomes, it will be important that the industry leads key components of the
response (with support from Government where required). However, there will be some
recommendations that relate to regulatory change that will need to be led by Government, in
consultation with industry.
Working to ensure adventure activities meet world-class safety standards
From 1 November 2014, all adventure activity operators subject to the Health and Safety in
Employment (Adventure Activities) Regulations 2011 are required to have gone through a safety
audit and be registered under the regulations, or they cannot operate activities. The Ministry is
working with WorkSafe NZ, who is the lead in the implementation of the regulations, to ensure
operators have the support they need to undergo the audit process. An update will be provided to
you and the Prime Minister by WorkSafe NZ on the progress of audits shortly.
Passing the Employment Relations Amendment Bill
The Employment Relations Amendment Bill is currently before the House and is awaiting the
committee of the whole House stage. The Bill implements commitments on collective bargaining,
and makes changes to flexible working arrangements, the duty of good faith, timeframes for
Employment Relations Authority decisions, and continuity of employment for vulnerable workers
(Part 6A).
Strengthening the enforcement of New Zealand’s minimum standards
On the employment regulation side, a discussion document ‘Playing by the Rules’ has recently
sought views on the performance of the employment standards system with a view to making any
legislative and non-regulatory changes required to strengthen the employment standards system.
This includes, among a range of things, considering how to improve: penalties, the tools of the
Labour Inspectorate, guidance/education to support compliance, and resourcing.
Extending paid parental leave from 14 to 18 weeks and broadening eligibility
In Budget 2014, the Government announced an increase in the number of weeks of Paid Parental
Leave and also signalled some design changes to the scheme intended to better reflect the changing
nature of work and families. Consultation on these design changes and on strengthening the
enforcement of standards has been completed and decisions will shortly be required on both issues,
with the intention that they form one employment standards bill that could be introduced to the
House early in 2015.
5
2. Portfolio responsibilities
Portfolio functions and responsibilities
As Minister for Workplace Relations and Safety your key areas of responsibility are as follows:
The Health and safety regulatory system; and
The Employment regulatory system, including the over-arching employment relations
framework and prescribed minimum standards, such as the minimum wage and holidays.
Further details about the legislation you are responsible for, which MBIE manages on your behalf,
are contained below. Information about the entities, funds and appropriations which MBIE manages
on your behalf can be found in Annexes 2-4.
As Minister for Workplace Relations and Safety, you are also responsible for the relationship
between New Zealand and the International Labour Organisation (ILO). The 185-member ILO is a
specialised United Nations agency which is the preeminent global labour body and source of
international labour standards. It works to promote employment rights, encourage decent
employment opportunities, and enhance social protection. ILO standards are formed by the ILO's
constituents (governments, employers and workers) and set out basic principles and rights at work.
New Zealand was a founding member of the ILO and has had a strong association with the
Organisation throughout its history. As an ILO member, New Zealand is required to pay an annual
subscription (approx. NZ$1.4m), support tripartite (worker and employer) participation in labour
activities including the annual ILO Conference, and report regularly on the international labour
Conventions it has ratified, as well as on its intentions regarding Conventions it has not yet ratified.
All such reports are subject to tripartite consultation and comment. New Zealand is currently bound
by 51 Conventions covering a range of topics including collective bargaining, holidays, workers
compensation and the prevention of forced labour.
Key MBIE officials
A partnership approach is taken between MBIE and WorkSafe NZ in relation to the health and safety
system. The Labour Environment Branch of MBIE provides you with primary policy advice on
legislation and regulation, and also provides policy and strategic advice on the performance of the
overall health and safety system. WorkSafe NZ provides guidance and approved codes of practice,
and provides leadership and enforcement over the implementation of the health and safety system.
All of the policy and operational functions of the employment standards and relations system are
contained within MBIE. The Labour Environment Branch provides policy advice on the regulatory
regime and broader labour market issues, with the Labour Inspectorate enforcing standards,
Resolution Services resolving employment disputes, and the Service Centre and Advice and
Information function within MBIE supporting people to understand the law and address low level
issues.
6
Key MBIE contacts are set out in the table below:
Contact Role Priority Area Contact details
David Smol Chief Executive, Ministry of Business, Innovation and Employment
All E [email protected]
Cath Atkins Acting Deputy Chief Executive, Labour and Commercial Environment
The Labour and Commercial Environment Group covers most of the regulatory systems that affect business and consumers.
Greg Patchell Deputy Chief Executive, Market Services
Market Services works with businesses, employees and consumers to help them operate successfully in the market place.
Kirstie Hewlett General Manager, Labour Environment
The Labour Environment Branch provides policy and regulatory advice in relation to employment relations and standards, workplace health and safety, and accident compensation.
George Mason General Manager, Labour Inspectorate
The Labour Inspectorate is responsible for delivering Labour Inspectorate services, including the appropriate use of statutory and enforcement powers to ensure the integrity of New Zealand’s employment relations regime.
Adrienne Meikle General Manager, Resolution Services
The employment relations mediation service was established to support employment relationships.
Ross van der Schyff
Acting General Manager
Client Advice, Services and Education
The Client Advice, Services and Education Branch implements business and customer-facing services including the call centre, and advice information and education on employment relations and standards issues.
Section 9(2)(a)
Section 9(2)(a)
Section 9(2)(a)
Section 9(2)(a)
Section 9(2)(a)
Section 9(2)(a)
Section 9(2)(a)
7
Mark Steel General Manager, Trade and International Environment
The Trade and International Environment branch is responsible for the strategic oversight and, where required, coordination of MBIE’s international activities. It is also responsible for managing the relationship with the ILO and for trade-related labour instruments.
Further details about the key MBIE contacts and other key stakeholders can be found in Annexes 5
and 6.
Legislative responsibilities
As Minister of Vote Workplace Relations and Safety you are responsible for the following Acts and
the regulations that sit under them:
Health and safety legislation
Health and Safety in Employment Act 1992
Hazardous Substances and New Organisms Act 19961
Machinery Act 1950
Mines Rescue Act 2013
WorkSafe New Zealand Act 2013
Regulations
HSE Regulations 1995
HSE (Prescribed matters) Regulations 2003
HSE (Rates of Funding Levy) Regulations 1994
HSE (Pressure Equipment, Cranes and Passenger Ropeways) Regulations 1999
Amusement Devices Regulations 1978
HSE (Pipelines) Regulations 1999
HSE (Petroleum Exploration and Extraction) Regulations 2013
HSE (Mining Operations and Quarrying Operations) Regulations 2013
Geothermal Energy Regulations 1961
HSE (Asbestos) Regulations 1998
HSE (Adventure Activities) Regulations 2011
Mines Rescue (Levy) Regulations 2014
1 Policy and enforcement as it relates to hazardous substances in the workplace. Other responsibilities lie with
Ministry for the Environment and the Environmental Protection Authority.
Section 9(2)(a)
8
Labour legislation
Employment Relations Act 2000
Equal Pay Act 1972
Holidays Act 2003
Labour Department Act Repeal Act 1989
Marine and Power Engineers’ Institute Industrial Disputes Act 1974
Minimum Wage Act 1983
Parental Leave and Employment Protection Act 1987
Remuneration Authority Act 1977
Seamen’s Union Funds Act 1971
Sharemilking Agreements Act 1937
Shop Trading Hours Act Repeal Act 1990
Trade Unions Act 1908
Union Representatives Education Leave Act Repeal Act 1992
Volunteers Employment Protection Act 1973
Wages Protection Act 1983
Waterfront Industry Reform Act 1989
Regulations
Employment Relations Authority Regulations 2000
Employment Relations (Prescribed Matters) Regulations 2000
Employment Court Regulations 2000
Minimum Wage Order 2014
Parental Leave and Employment Protection Regulations 2002
Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2014
Sharemilking Agreements Order 2011
The legislation details a number of Ministerial actions that must, or can, be exercised by you.
Statutory obligations that the Minister for Workplace Relations and Safety must exercise are set out
in the table below.
Act – Section Statutory Obligation
Minimum Wage Act 1983 Section 5 Review minimum wage rates annually by 31 December.
Parental Leave and Employment Protection Act 1987 Section 71N
Adjust the rate of parental leave payments by Order in Council annually by 1 July.
Machinery Act 1950 Section 26B Approve Codes of Practice, including amendments and revocations
Health and Safety in Employment Act 1992, Section 20A
Approve Codes of Practice, including amendments and revocations
WorkSafe New Zealand Act 2013 Section 7 Appoint members of the Board
9
3. Near-term actions and decisions
This section outlines decisions you will likely be asked to make in the coming three months. A list of
anticipated briefings during this period can be found in Annex 1.
Creating and maintaining an effective health and safety system for New Zealand workplaces
Working Safer: a blueprint for health and safety at work is the Government’s response to the
Independent Taskforce on Workplace Health and Safety (the Taskforce) and sets out a blueprint for
the health and safety system, all of which needs to be implemented to meet the target of reducing
the rate of workplace fatalities and serious injuries by 25 per cent by 2020.
An effective partnership between MBIE and WorkSafe NZ is paramount to implement the reforms.
MBIE leads policy and regulatory development and monitors WorkSafe NZ activities, while WorkSafe
NZ leads the operation and implementation of the health and safety system. We held joint weekly
officials meetings with the former Minister of Labour to ensure integration of policy, advice and
operations. Meeting arrangements that suit you and your office will be confirmed.
These system wide reforms are in their early stages and will require focus for a number of years to
ensure they are fully embedded. For the most part these changes are well-supported by key
business leaders and groups representing workers. The key actions for you in the next three months
are outlined below:
Leading Cabinet decisions on Health and Safety Reform Bill arising from Select Committee – November 2014
New legislation, the Health and Safety Reform Bill, was introduced in March 2014 and is before the
Transport and Industrial Relations Committee (the Select Committee). Once passed, it will create a
new Health and Safety at Work Act. The Bill is based on the Australian Model Work Health and
Safety Act, with modifications to take account of differences in the New Zealand regulatory and
operating environment. The Bill applies better to modern workplaces and working arrangements
and, by picking up the Australian model, enables us to make use of Australian precedent and
guidance. It also provides a strong signal to society that a step-up in health and safety practices is
required for those that do not currently comply with health and safety standards.
The Bill shifts the focus of the law away from the nature of the relationship between parties (eg
employer/employee, principal/contractor) to a more general duty owed by any “persons conducting
a business or undertaking” (PCBU) to “workers” and “others” in the workplace. In this way, the Bill
places a renewed focus on those within a workplace who are best able to manage risks within that
workplace and those who are in a position, such as directors, to influence the health and safety
direction and policies of their businesses. As part of this, it introduces a new due diligence duty for
Directors and Officers, to ensure that PCBUs have an appropriate governance focus on health and
safety.
Prior to the election, the Bill was being considered by the Transport and Industrial Relations
Committee and over 220 businesses, organisations and people have submitted on the Bill. There is
widespread support for the Bill, with a few concerns around changes in concepts and requests for
10
further guidance around them. Cabinet decisions on any changes required to the Bill arising out of
Select Committee consideration are likely in November 2014, dependant on the timing of the Select
Committee’s consideration of the Bill.
We will provide you with a detailed briefing on the Bill, including the key issues being raised by
submitters shortly.
Cabinet decisions on first tranche of supporting regulations – November 2014
Regulations and guidance are critical to the effective implementation of the regime and are being
developed in parallel to the passage of the Bill. These will ensure that duty holders understand the
full breadth and depth of the new regulatory framework and are properly supported. Both the Royal
Commission on the Pike River Coal Mine Tragedy and the Taskforce identified that the current health
and safety system has always lacked the breadth and depth of regulation and supporting guidance
required by businesses and workers.
The regulations: introduce a new regime for major hazard facilities; bring the regulation of
hazardous substances in the workplace under health and safety law; improve the asbestos
regulations; and put in place more detail on risk management and worker participation.
The discussion document Developing Regulations to support the new Health and Safety at Work Act
outlines the policy proposals for the development of the first tranche of regulations to support the
new Act. The discussion document was released for public consultation in May 2014 and
submissions closed on 1 August 2014. MBIE is completing the analysis of the submissions. We
propose to provide advice to you shortly to enable Cabinet to consider proposals in November this
year so that drafting of the regulations can commence. Policy work has also commenced on the
other supporting regulations that will also be required within the first two years of the new Act
coming into force. These regulations would include issues relating to hazardous work – like forestry.
These regulations will be important to provide the clarity that the Taskforce was seeking and to
realise the full benefits of the reform. WorkSafe NZ is also progressing a range of Codes of Practice
and other guidance material to support both the new Act and the regulations.
We will provide you with a detailed briefing on these supporting regulations, including the key issues
that have been raised by submitters and the guidance material being prepared by WorkSafe NZ, in
the next couple of weeks.
Safety Star Rating Scheme – joint decision with Minister of ACC January 2015
The current ACC health and safety incentive programmes with their focus on systems and processes
have achieved only marginal reductions in injury claims. In addition, many businesses believe they
have moved beyond the level of the existing schemes and uptake has been low. Issues have been
raised by business about inconsistent approaches between ACC, who audit the scheme, and the
health and safety regulator.
The Independent Taskforce on Workplace Health and Safety recommended in its 2013 report that
the Government introduce a business health and safety rating scheme which would contribute to
both the 2020 target and the required step change in New Zealand’s health and safety culture.
11
In 2012, the Ministers for ACC and Labour had already announced the commencement of work on a
Safety Star Rating Scheme, with WorkSafe NZ responsible for assessing businesses, and levy
discounts administered by ACC. The scheme is being developed by WorkSafe NZ, ACC, and MBIE (as
the policy agency for both entities).
The Safety Star Rating Scheme aims to more effectively assess businesses’ health and safety and
offer businesses a range of financial and non-financial incentives to reward and recognise robust
health and safety practices. This includes procurement incentives – it is intended that the scheme
would give businesses a competitive advantage when competing for contracts. Businesses will also
receive guidance on how to improve their health and safety, helping them to be more confident in
meeting the requirements of the new health and safety legislation. As part of this it will be
important to explore Government’s role in encouraging take-up of the scheme through high risk
agencies either becoming part of or using the Safety Star Rating Scheme in procurement decision
making.
A Safety Star Rating Scheme health and safety assessment tool prototype has been developed. The
tool takes a partnership approach to assessing a business. It looks at the risk management system
across a business, and how priority health and safety risks are managed in practice at all levels of the
business. Worker engagement, return-to-work and safety culture are more prominent than in
current schemes.
The initial proof-of-concept has been completed, and we are now refining the design, carrying out
cost/benefit analysis, clarifying where the scheme sits within the broader suite of incentive
programmes, and testing the proof-of-concept findings with a wider group of stakeholders. It is likely
to take two to three years to fully develop, test and implement the scheme. We will be seeking
decisions from you and the Minister for ACC in early 2015 on whether the scheme is likely to be
affordable and whether there will be sufficient uptake by businesses.
Independent Forestry Safety Review – decision on Government response
In January 2014, an industry-led Independent Forestry Safety Review was announced. The purpose
of the Review is to identify the likely causes and contributing factors to the high rate of serious
injuries and fatalities in the New Zealand forestry sector. The Forestry Safety Review Panel has
examined the health and safety structure and culture of the forestry sector. It has consulted widely
with workers, forest owners, forestry contractors and those people who have been affected by
serious injuries and fatalities in the forestry sector.
The Review Panel is expected to take an independent approach in its report, which is due to be
released in late October. MBIE and WorkSafe NZ submissions to the Review Panel both urged the
Panel to leverage its recommendations off the new health and safety legislation, and to consider the
potential broader impact of its recommendations for other high risk areas. We also encouraged the
Review Panel to consider recommendations which sought not just Government, but also industry,
action. MBIE will develop the Government’s initial response to the Review Panel’s final report, in
close consultation with WorkSafe NZ, ACC and the Ministry of Primary Industries, to enable work to
commence on the Review Panel’s recommendations where government action is required. We will
provide advice to you on timing for a government response in October. Taking the Review Panel’s
report forward is likely to involve a mixture of industry-led action supported by Government, and
12
Government-led action work in consultation with industry. The latter would be matters where the
Review Panel has recommended regulatory action.
Government as employer – report to Cabinet by end of 2014
Government leadership as an exemplar of good health and safety practices is an important factor in
ensuring the culture change that is required to embed those changes throughout New Zealand
workplaces. The impact that the government has within the wider economy as an employer, a
procurer and an infrastructure funder in relation to the health and safety system needs to be
considered. Businesses and workers are increasingly looking for demonstrable government
commitment to workplace health and safety in its activities as employer and in its procurement
policies. We are currently looking at possible options on how best to do this.
Working Safer requires WorkSafe NZ to identify and engage with government agencies who are
operating in high risk areas for workplace health and safety, and work with those agencies on a plan
to identify any issues or solutions. MBIE is supporting WorkSafe NZ to develop a Cabinet update on
this work for you to take to Cabinet by December 2014.
Health and Safety Workforce Development – report to Minister for Workplace Relations and Safety
There is a history and increasing evidence of capacity and capability gaps throughout the workplace
health and safety system. The successful implementation of the health and safety reform requires
parties across different parts of the system to have the necessary competency to perform their
roles. For example: the regulator and those parties that are relied on to support the regulator to
implement the system (regulatory-backed auditors and certifiers); the professionals who are giving
health and safety advice to businesses; the health and safety representatives who ensure active
workplace engagement and participation in health and safety matters; those undertaking work that
involves risk to themselves or others; and decision makers such as management and directors.
As required by Working Safer, MBIE and WorkSafe NZ have commenced scoping a workforce
development strategy that aims to identify the areas of concern and to provide a basis for improving
capabilities across the system. Advice will be provided on this in late 2014. Work is already being
undertaken to strengthen professional advice and support health and safety representatives to
transition to the new regulatory regime. When Cabinet agreed to Working Safer, it recognised there
were issues in this area, and that funding would be needed after further scoping of the issues.
We will update you on this work and the next steps by the end of 2014.
13
Ensuring employment regulation remains fit for purpose
The employment regulation framework is centred on the principle of good faith. There is little
prescription about how to give effect to this, providing flexibility and responsiveness for employers
and employees to find the most suitable and effective employment relationships within this core
guiding principle. The centrality of good faith within the framework’s architecture is well accepted by
a broad range of stakeholders. It reflects that at the core of all employment is a relationship that
cannot be fully captured by a contract.
In some parts of the framework, legislative employment standards are also in place, such as
minimum wage, paid parental leave and holiday entitlements, to ensure that some minimum
entitlements are in place for all employees. These standards often reflect or are informed by the
international labour conventions that New Zealand has ratified.
Another key component of the employment regulatory framework as outlined in the Employment
Relations Act 2000 (ER Act) is the role of collective bargaining. This is a fundamental ILO Convention,
which New Zealand ratified at the time the Act came into force. Reflecting the provisions of the
Convention, the Act sets out the key parameters that facilitate the voluntary organisation of
employees via unions and their engagement with employers in the collective bargaining process as a
means to address bargaining power imbalances. The Act also embodies the key ILO principles of
freedom of association and the prevention of discrimination in employment.
Employment Relations Amendment Bill – supporting the Bill through its final phases
The Employment Relations Amendment Bill currently before Parliament implements the National
Party’s 2011 manifesto commitments on collective bargaining, and makes changes to flexible
working arrangements, the duty of good faith, timeframes for Employment Relations Authority (ERA)
decisions, and continuity of employment for vulnerable workers (Part 6A). It is currently awaiting its
committee of the whole stage in the House. We will provide you advice very shortly on the process
for the final stages of the parliamentary process.
Playing by the Rules discussion document on employment standards – policy decisions to Cabinet
While it is difficult to reliably measure employer non-compliance with employment standards, the
evidence we do have suggests that around 17 per cent of employees are not receiving at least one of
the following minimum entitlements in their main job: minimum holiday entitlements; the minimum
wage; or they did not have an employment agreement.2
While many breaches of employment standards are not serious or intentional, the Labour
Inspectorate reports that it is seeing growing evidence of more serious and intentional breaches of
employment standards, such as the exploitation of migrant workers and other vulnerable groups.
From nearly 6,000 employment standards issues that the Labour Inspectorate dealt with over a
recent 18 month period, 24 per cent of these issues involved recent migrant workers (those who
2 Data source: Statistics New Zealand’s Survey of Working Life. Access to the data used for this analysis was
provided by Statistics New Zealand under conditions designed to give effect to the security and confidentiality
provisions of the Statistics Act 1975. The results presented here are the work of MBIE, not Statistics New
Zealand.
14
have migrated to New Zealand within the past five years). Only about one in ten wage and salary
jobs are held by recent migrants.
The Immigration Amendment Bill (No 2), being led by you as Minister of Immigration, is currently
awaiting its second reading in the House and proposes measures to tackle migrant exploitation.
Proposed changes include increased penalties for employers who exploit migrant workers and new
search powers for Immigration Officers where migrant exploitation is expected.
Additionally, the Labour Inspectorate is increasingly focussing its attention and resources on
enforcement action relating to serious breaches of employment standards in defined sectors. The
Inspectorate is seeking to have a greater impact on labour standards and productivity by removing
deliberately non-compliant and exploitative employers from the labour market and ensuring
remediation of large systemic breaches of employment standards. Particular attention is being paid
to the construction sector in Christchurch, the hospitality sector in Auckland, and the agriculture,
horticulture and viticulture sectors. The Inspectorate’s focus on South Auckland, a region that
presents several high risk factors for labour standards breaches, is an area where the Inspectorate is
committed to dedicating more resource to ensure compliance. Central to this work is collaboration
with other regulatory functions, particularly with Immigration New Zealand, to enhance the whole-
of-government response to these challenges.
However, questions remain about whether the system is positioned to deal with serious non-
compliance. This includes whether there are appropriate incentives for compliance and
proportionate consequences for non-compliance, and appropriate resources to ensure the system
can effectively deliver on its objectives. As a further step in ensuring that the employment
regulatory framework remains fit for purpose, the former Minister of Labour released a discussion
document ‘Playing by the Rules: Strengthening Enforcement of Employment Standards’ to gather
information from a full range of stakeholders in the employment standards system in order to
improve the enforcement and compliance of employment standards. Options floated in the
discussion document include extending the current powers of Labour Inspectors, better information
sharing between Government’s regulatory functions (for instance IRD and INZ) to support
identification and penalising breaches, publicly naming and shaming non-compliant employers, and
greater financial penalties for non-compliant employers. We will report to you shortly on the
outcomes of this consultation and next steps.
An Employment Standards Bill is on the legislative programme
Changes to Paid Parental Leave (PPL) to respond to the changing nature of work – Cabinet decisions on design late 2014
The changing nature of work and family structures have created a growing pressure for PPL
legislation to respond and be more flexible to better serve its objectives. Stakeholders, employers
and employees are increasingly highlighting issues with the ER Act including the unfair exclusion of
many working parents. In addition to this, New Zealand’s PPL entitlements are lower than most
OECD countries. The right PPL provisions can help people stay in the labour market and return to it,
as well as allowing for a work/life balance. To address this, the Government is extending the PPL
entitlements from 14 to 18 weeks and agreed in principle to other legislative changes to better
recognise different working patterns and family arrangements prior to the election. The former
15
Minister of Labour released a discussion document in July this year on the technical detail of the
legislative changes and submissions have now closed.
Policy decisions are needed on the design of government proposals to increase eligibility for PPL and
flexibility for taking leave. Legislative change is required as early as possible in 2015 for the changes
to be implemented by the Inland Revenue Department and come into effect by 1 April 2016.
Changes are intended to be incorporated into the Employment Standards Bill.
Appointment to Employment Relations Authority and Remuneration Authority – decision on process by November
In 2015, 11 ERA members’ warrants expire between June and August. Traditionally the recruitment
process can take between 4-6 months. Early in the New Year, you will need to make a decision
about what kind of recruitment process you would like MBIE to run.
16
4. Major links with other portfolios
Portfolio Link with the Workplace Relations and Safety portfolio
Employment Issues of labour productivity and participation and how to improve skill development, skill utilisation, and the participation of disadvantaged groups using employment relations levers.
Economic Development
As ownership Minister for MBIE this portfolio has overview of Regulatory Systems performance work programme and whole of Ministry initiatives, including the Regulatory Systems Bill. Individual portfolio Ministers retain policy responsibility for the contents of the Bill within their portfolios.
ACC Effective workplace health and safety management using the levers available to incentivise good workplace practices. Safety Star Rating Scheme and other discount schemes, and injury prevention initiatives in the work area. ACC also collects the Working Safer levy on behalf of Vote Workplace Relations and Safety.
Environment This portfolio sets the controls for hazardous substances and works with labour on issues of overlap/interface between environmental and work controls; enforcement for hazardous substances and high hazard environments such as the offshore petroleum environment.
Immigration Migrant workers, both temporary and permanent, are one group that is potentially vulnerable to poor employment relations and health and safety practices in the New Zealand labour market. Migrant workers make up a significant part of the workforce in low-skilled sectors such as the dairy, horticulture, viticulture, aged care and fishing sectors.
Transport The Civil Aviation Authority and Maritime New Zealand are designated agencies under the Health and Safety in Employment Act 1992. They are responsible for administering the Act for the aviation and maritime industries respectively, and their chief executives are the respective Secretary for the purposes of the Act. The New Zealand Police, in particular the Commercial Vehicle Investigation Unit, has staff who the Secretary of Labour appoints as health and safety inspectors for the purposes of the Health and Safety in Employment Act 1992. These staff undertake investigations and enforcement action for traffic accidents. The NZTA also has an interest in health and safety issues relating to roads and KiwiRail.
Foreign Affairs International labour standards and forums help to maintain New Zealand’s international reputation and facilitate broader ‘NZ Inc’ participation in the United Nations system as well as with regional partners.
Negotiation and implementation of the trade-labour and labour cooperation elements of New Zealand’s free trade agreements.
Māori Affairs Issues of labour productivity and participation and how to improve skill development, skill utilisation, and the participation of Maori using employment relations levers
Energy Issues of Energy Safety (WorkSafe NZ) and linkages between resources and energy matters, particularly petroleum and geothermal.
Building and Housing
Health and Safety obligations for workplace housing arrangements and linkages to building standards (Christchurch earthquake response and the asbestos strategy) and regulation of upstream health and safety duty holders such as engineers and architects. Links between asbestos and other building issues will also need to be considered.
17
Emergency Services
Issues of health and safety in high risk work environments.
Defence Health and Safety workplace management in high risk workplaces and recognising the need for exemptions to enable the specific management of worker participation and working with hazardous substances, particularly in combat situations.
Social Development, Employment
Issues of labour productivity and participation and how to improve skill development, skill utilisation, and the participation of disadvantaged groups using employment relation levers.
Revenue The treatment of wages and other work-related payments for tax purposes, and the resultant impact on business payrolls, and the operation of the Kiwi Saver and Paid Parental Leave schemes.
Fisheries Regulatory responsibility, both for labour and immigration, for the code of practices that, alongside New Zealand legislation, sets the required standards of practice for foreign charter vessels.
Justice Linkages between justice legislation and labour legislation, particularly relating to enforcement tools and prosecution.
Consumer Affairs
Links with product safety.
Police Worst forms of worker exploitation may have links to broader criminal enterprise e.g. trafficking and organised crime. Working closely with Police on how to make the health and safety legislation work effectively with emergency services.
Inland Revenue The Labour Inspectorate works closely with IRD around labour standards breaches. IRD also administers Paid Parental Leave legislation.
18
Annex 1: List of upcoming briefings and suggested workshops with officials
Timing Issue Type of decision for Minister Agency Lead
Early October 2014 Vote Workplace Relations and Safety: Brief to Incoming Minister
Information Briefing: No decisions. MBIE
Early October 2014 Vote Workplace Relations and Safety: Brief to Incoming Minister
Information Briefing: No decisions. WorkSafe NZ
Early October 2014 Employment Relations and Standards System Issues and Opportunities
Information Briefing: No decisions. MBIE
Early October 2014 Working Safer Reforms Information Briefing: No decisions. MBIE
Early October 2014 Employment Relations Amendment Bill Overview of the Bill and decisions on addressing potential workability issue in Part 6A amendments
MBIE
Early October 2014 Health and Safety Regulatory Reform Package Information briefing: No decisions MBIE
Mid October 2014 Adventure Activities Update WorkSafe NZ
Mid October 2014 Minimum Wage Review Decisions on process for 2015 review MBIE
Mid October 2014 Playing by the Rules: review of employment standards and changes to Paid Parental Leave scheme
Policy decisions MBIE
Mid October 2014 Introduction to the Labour Inspectorate and its work
Information briefing: No decisions MBIE
Mid October 2014 Crown Entity Monitoring and Engagement Information briefing plus proposals for appointment of MBIE as monitor for WorkSafe NZ and proposed framework for discussion with Chair of WorkSafe NZ.
MBIE
Late October 2014 ACC’s Incentive Products and Safety Star Rating Scheme
Information Briefing: No decisions. MBIE and WorkSafe NZ
Late October 2014 Canterbury Rebuild Information Briefing: No decisions WorkSafe NZ
Late October 2014 Occupational Health/Asbestos Strategy Information Briefing: No decisions WorkSafe NZ
Late October 2014 Introduction to Resolution Services (including Government Centre for Dispute Resolution) and Employment Relations Authority Appointments
Decision on process for 2015 ERA appointments and information on Resolution Services work program
MBIE
Late October 2014 Health and Safety Workforce Development Information briefing: No decisions MBIE and WorkSafe NZ
Late October 2014 High Level Response to the Independent Forestry Panel
Decisions on communications and process required.
MBIE and WorkSafe NZ
Late October 2014 Initial meeting with Board Chair of WorkSafe NZ Information Briefing: No decisions WorkSafe NZ
19
You might find the following subject-specific workshops/meetings useful to hold with officials in your first
month in role:
1. Challenges and Opportunities general discussion (MBIE)
2. Chair and CE: Introduction to WorkSafe and its Priorities (WorkSafe NZ)
3. Employment Relations Amendment Bill Overview (MBIE)
4. Health and Safety Reform Bill (MBIE)
5. Adventure Activities (WorkSafe NZ and MBIE)
6. Independent Forestry Panel response (MBIE and WorkSafe NZ)
7. Health and Safety Regulations (MBIE)
8. Working Safer: general (MBIE and WorkSafe NZ)
9. Key priority areas: Canterbury and Occupational health/Asbestos (WorkSafe NZ)
10. Employment Standards Review and PPL (MBIE)
11. Minimum Wage Review (MBIE)
12. Safety Star Rating (WorkSafe NZ and MBIE)
13. Workforce Development (MBIE and WorkSafe NZ)
November 2014 Health and Safety Reform Bill Cabinet papers on changes to the Bill arising from select committee
MBIE
November 2014 Health and Safety Phase One: Regulations Cabinet papers on policy decisions on first tranche of regulations
MBIE
November 2014 Commentary on WorkSafe NZ’s First Quarter Report
Information briefing and draft response to Chair of WorkSafe NZ (if required)
Report: WorkSafe NZ
Advice: MBIE
November 2014 Draft Letter of Expectation for WorkSafe NZ Proposed letter for signature or amendment
MBIE
November 2014 MBIE 4 year plan Discussion will be required on funding pressures
November 2014 Possible Ratification of the Maritime Labour Convention
Information briefing and decisions on how to proceed
MBIE
November 2014 Participation in WorkSafe NZ Strategic Planning Day
Information Briefing: No decisions WorkSafe NZ
December 2014 Health and Safety: Government as an Employer Cabinet paper MBIE and WorkSafe NZ
December 2014 Playing by the Rules: review of employment standards and changes to Paid Parental Leave scheme
Cabinet paper MBIE
December 2014 International Labour Organisation engagement Information briefing: No decisions MBIE
December 2014 Serious Injury Outcome Indicators Data Release Information Briefing: No decisions MBIE
20
Annex 2: Crown entities, institutions and statutory bodies
1. The institutions and statutory and advisory bodies associated with the portfolio are:
a WorkSafe New Zealand (WorkSafe NZ).
b Employment Relations Authority (ERA)
c Remuneration Authority (the Authority)
d Mines Rescue Trust (the Trust)
e Equal Employment Opportunities Trust (the EEO Trust)
2. Each entity is discussed below. MBIE will be seeking your agreement to the appointment process
in the coming months for members’ terms that expire in 2015.
3. MBIE provides you with support in your monitoring of these entities. A briefing will be sent to
you in October seeking your direction on how you would like this monitoring relationship to
work.
WorkSafe NZ
4. The Minister for Workplace Relations and Safety must appoint at least 5, but not more than 9,
persons as members of the board.
5. When appointing a member of the board, the Minister must have regard to the need to ensure
that WorkSafe NZ has among its members persons who have, collectively, knowledge and
experience of, and capability in, the following:
a public sector governance
b central government processes
c New Zealand’s workplace health and safety environment, including workplace illness and
occupational disease
d perspectives of workers
e perspectives of employers
f administration of workplace health and safety legislation and risk management
frameworks
g business generally.
6. The Minister may not appoint any member of the board unless the Minister has first publicised
an invitation for nominations from interested parties and considered any nominations received.
More detailed information about WorkSafe NZ will be provided in their follow-up briefing to
you.
21
Members of the WorkSafe NZ Board
Member Date of original
appointment
Expiry date of
present term
Professor Gregor
Coster (Chair)3
16 December 2013 16 December 2016
Kerry Prendergast4 16 December 2013 16 December 2016
Ross Wilson 16 December 2013 16 December 2016
Christopher Ellis 16 December 2013 16 June 2016
Dr Patrick Strange 16 December 2013 16 June 2016
Don Stock 16 December 2013 16 December 2015
Paula Rose 16 December 2013 16 December 2015
Employment Relations Authority
7. The ERA is an investigative body with the role of resolving and making determinations about
employment relationship problems that cannot be solved through mediation or other means.
The ERA is funded for 18 members and has offices in Auckland, Wellington, and Christchurch,
and members travel when required. MBIE provides support to the ERA.
8. Eleven members’ warrants are due to expire between June and August 2015. Action to fill ERA
vacancies will need to commence soon after the election. Further information about filling ERA
vacancies is in Section 3 of this document.
Members of the Employment Relations Authority
Members whose warrants expire and were re-appointed for 1 year
Member Location Date of original
appointment
Expiry date of
present term
Vicky Campbell5 Auckland 1 August 2014 21 August 2015
Michele Ryan Wellington 24 August 2011 30 June 2015
David Appleton Christchurch 24 August 2011 30 June 2015
Michael Loftus Christchurch 1 June 2010 30 June 2015
Rosemary Anne Monaghan (Chief) Auckland 2 October 2000 21 August 2015
James Crichton Auckland 22 September 2004 21 August 2015
3 Gregor Coster is also a member of the ACC Board.
4 Kerry Prendergast is also the Chair of the Environmental Protection Agency Board.
5 Vicky Campbell also served on the Authority from December 2003 until August 2011.
22
Members whose warrants expire after a full 3 year term
Member Location Date of original
appointment
Expiry date of
present term
Gregory Jowett Wood Wellington 2 October 2000 21 August 2015
Christine Hickey Christchurch 23 April 2012 21 August 2015
Anna Mary Fitzgibbon Auckland 23 April 2012 21 August 2015
Patricia Anne MacKinnon Wellington 9 July 2012 21 August 2015
Tania Georgina Tetitaha Auckland 9 July 2012 21 August 2015
Remaining members
Member Location Date of original
appointment
Expiry date of
present term
Helen Doyle Christchurch 19 December 2001 18 December 2016
Paul Rodney Stapp Wellington 2 October 2000 3 February 2017
Eleanor Robinson Auckland 1 July 2010 3 February 2017
Rachel Larmer Auckland 1 July 2010 3 February 2017
Robin Bain Arthur6 Auckland 29 July 2013 3 February 2017
Vacancy Auckland
Remuneration Authority
9. The Remuneration Authority is responsible for annually considering and determining the salaries
and allowances of Members of the House of Representatives and the Judiciary, the
remuneration and principal allowances for specified Statutory Officers, and the remuneration,
allowances and expenses for Chairpersons and Members of Local Authorities and Community
Boards.
10. The Members of Parliament (Remuneration and Services) Act 2013 has widened the
responsibilities and accountabilities of the Authority in respect to determining some
accommodation services for Members of parliament and Ministers, and travel services for
spouses and dependants of Members and Ministers.
6 Robin Arthur also served on the Authority from June 2005 until July 2012.
23
11. The Authority is comprised of a Chair and two members, all of whom are part time. The Chair’s
warrant expires in June 2015 and he does not intend to seek another term. Recruitment for the
Chair role will need to commence at the beginning of 2015.
Members of the Remuneration Authority
Member Location Date of original
appointment
Expiry date of
present term
John Geddes Errington (Chair) Wellington 21 September 2009 30 June 2015
Angela Foulkes Wellington 7 March 2005 30 June 2016
Diane Morcom Wellington 16 February 2011 30 June 2016
The Mines Rescue Trust
12. The membership of the Trust is defined by the Mines Rescue Trust Act 1992 (the Act), but they
are not appointed by the Minister. Each organisation identified in the Act nominates their
representative.
13. The required members are:
a one person appointed by the Chief Executive of MBIE (non-voting member)
b two from Solid Energy
c one from the Coal Association
d one from the Engineering, Printing and Manufacturing Manufacturers Union
e one representative of West Coast mine owners.
14. As well as these, the Trust can appoint additional members as required (there are two of these
currently).
Members of the Mines Rescue Trust
15. The Mines Rescue Trust (the Trust) provides specialist emergency rescue services for coal mines,
underground metalliferous mines and long tunnels.
16. The Trust is a charitable trust that is also recognised by the Minister for Workplace Relations and
Safety under the Mines Rescue Act 2013 (the Act). The Act sets out statutory functions to assist
mining operations with emergency planning, to train and equip special mines rescue brigades,
and to deploy those brigades in the event of an emergency. The Act and accompanying Mines
Rescue (Levy) Regulations 2014 provide an industry levy to fund the functions. The Trust is
governed by a board that represents levy payers as specified in the Act. Each group of levy
payers nominates their representative (they are not appointed by the Minister). The required
members are:
a one person appointed by WorkSafe NZ (non-voting member)
b two who represent mine operators of underground coal mines
c one who represents mine operators of opencast coal mines
d one who represents mine operators of underground metalliferous mines
24
e one who represents tunnelling operators, and
f one from the Engineering, Printing and Manufacturing Manufacturers Union.
In addition, the Trust can appoint additional members as required (there are two currently).
17. Current members of the Mines Rescue Trust Board are:
Member Organisation
Dave Bellett WorkSafe NZ
Paul Hunt Solid Energy NZ
Andrew Holley Roa Mine
Richard Tacon Bathurst Resources
Kevin Pattinson Oceanagold
Joe Edwards McConnell Dowell
Ray Urquhart Engineering, Printing and Manufacturing Union
Dave Stewart Mining Consultant
18. MBIE administers the legislative framework governing the Trust and its levy. A new Act and levy
regulations came into force in 2014 as part of the Government’s response to the
recommendations of the Royal Commission on the Pike River Coal Mine Tragedy (that the Trust’s
functions needed to be clearer, and its levy adequate and equitable). WorkSafe NZ’s High Hazard
Unit has close operational relationships with the Trust.
Equal Employment Opportunities Trust
19. The Equal Employment Opportunities (EEO) Trust is a charitable trust that was established
jointly by the Government and private sector employers in 1992. The aim of the EEO Trust is the
voluntary promotion of equal employment opportunities to employers as good business
practice.
20. The EEO Trust is governed by Trustees representing the private and public sectors. The five
private sector trustees are elected by EEO Trust members and the four public sector trustees are
nominated by the Minister for Workplace Relations and Safety and the Minister for Women.
Peter Hughes, who was a public sector trustee when he was Chief Executive of the Ministry of
Social Development, has remained in an ex-officio capacity.
21. The EEO Trust is resourced by fees from member organisations and Government contributions.
22. From July 2011, the Government’s contribution to the EEO Trust was reduced by approximately
60 per cent to its current level of $369,000 to match employer subscriptions. In July 2012,
Cabinet approved:
a a one-off payment of $0.110 million towards change management costs
b a time-limited increase of $0.054 million from 2012/2013 to 2015/16 in the cap on the
appropriation of the Trust.
25
23. The funding arrangements for the EEO Trust will be evaluated in 2015 to ensure the Government
does not continue to provide funding once it is no longer needed.
Four appointments can be made to the Board of Trustees
24. The EEO Trust is governed by a Board of Trustees with representatives from the private and
public sector. The five private sector trustees are elected by the private sector members of the
EEO Trust and the four public sector trustees are jointly appointed by the Minister for Workplace
Relations and Safety and the Minister for Women.
25. There are currently four public sector trustee vacancies on the EEO Trust Board (list of trustees
below). Advice on appointing public sector trustees will be provided to you before the end of the
year.
26. All of the private sector trustees on the EEO Trust Board have had their terms expire. The private
sector trustees continue to act on the EEO Trust Board and their reappointment will be
discussed at the EEO Trust’s next annual general meeting.
Name Organisation Date of Original
Appointment
Expiry date of present
term
Private Sector Trustees
Michael Barnett
(Chair)
Auckland Regional
Chamber of Commerce
and Industry
2001 24 November 2013*
Kate Daly Fletcher Building 11 August 2009 10 August 2012*
Felicity Evans ANZ National Bank 10 August 2006 10 August 2012*
Jo Wills J B Wills & Company 25 November 2010 24 November 2013*
Neil Porteous Elevator Group 25 November 2010 24 November 2013*
Public Sector Trustees
Vacancy
Vacancy
Vacancy
Vacancy
*The appointment of private sector trustees will be discussed at the next annual general meeting.
26
Annex 3: Departmental Funds and Appropriations
Vote Workplace Relations and Safety 2014/15
($,000’s)
Employment Relations Services
$26,174
Total
Departmental
Annual and
Permanent
Appropriations
$45,965
Ministerial Services
$2,035
Policy Advice
$6,251
Advice, Information and Education
Shared Services
$11,505
Advice, Information and Education
Resolution Services
Labour Inspectorate
Employment Relations Authority
International Strategy and Partnerships Policy
Employment Relations and Standards Policy
Health and Safety Policy
27
Annex 4: Contestable Funds and Trusts
1. Supporting the Employment Relations framework are two funds that MBIE manages on behalf of the
Minister for Workplace Relations and Safety:
a the Industrial Relations Foundation (IRF)
b the Employment Relations Education (ERE) Contestable Fund.
2. Both these funds have funding that can be allocated during the 2014/2015 financial year:
a The IRF allocates $40-50,000 for funding annually (however the Trust’s Steering Group has
decided not to run a funding round in 2015).
b The ERE has been fully allocated $601,000 to the SafeRebuild Canterbury initiative to support
their Health and Safety Champion course for 2014/15.
The Industrial Relations Foundation
3. The Industrial Relations Foundation (IRF) is an educational trust established in 1977 under the
Charitable Trusts Act 1957. The purpose of the IRF is to promote, through education, better industrial
relations within New Zealand. The trustees of the IRF, whose functions include awarding the grants,
are:
a the Minister of Workplace Relations and Safety (Chairperson)
b the President of Business New Zealand (Business NZ)
c the Chief Executive of Business NZ
d the President of the New Zealand Council of Trade Unions (NZCTU)
e the Secretary of NZCTU.
4. A Steering Group advises the trustees on applications for grants, how best to achieve its aims, fund
management, and administrative matters. The Steering Group consists of:
a the Chief Executive of MBIE or their nominee
b the Chief Executive of Business NZ or their nominee
c the Secretary of NZCTU.
5. As at 31 August 2014 the IRF assets totalled $489,800. The Trust has usually sought applications for
funding annually, but at times less frequently. The Trust is not planning to run a funding round in
2015. Applications are considered and decided on by the Trustees, and MBIE provides briefings to the
Minister to seek input to funding decisions. In this year’s funding round, grants have been paid to the
following organisations:
28
Name Organisation Proposal Funding
approved
incl. GST
Barry
Foster
Massey University To undertake a study to determine the inter-
relationship between employment relations
practices and occupational health and safety
outcomes in selected small to medium sized
enterprises.
$10,000
Jill
Clendon
New Zealand
Organisation of
Nurses
To examine barriers and facilitators to implementing
flexible working hours and career planning for older
nurses in the workplace.
$10,000
Bronwynn
Maxwell
Women’s
Working Resource
Centre
Centres on young people in precarious or insecure
working arrangements by researching and designing
a communication strategy that targets interacting
with this population group and produces a practical
value to those who are reaching out to young
workers in insecure working arrangements.
$10,000
Philip
Morrison
Victoria University
of Wellington
To access and analyse the 2012 Survey of Working
Life in order to better understand the nature and
dynamics of insecure work (non-standard) in New
Zealand.
$10,000
Natia
Tucker
Puataunofo Come
Home Safely
To raise employers’ awareness of the role that
employment relations practices can play in attaining
positive health and safety outcomes for Pasifika
workers within the manufacturing industry.
$10,000
Employment Relations Education Contestable Fund
6. The aims of the Employment Relations Education (ERE) Contestable Fund are to:
a increase skills and knowledge of employment matters, including health and safety issues
b improve relationships in the workplace
c enable employers, employees, and unions to deal with each other in good faith.
7. In the 2014-15 financial year, a single allocation of $601,000 was made to a joint Business NZ and
NZCTU application for a Safe Rebuild Canterbury project. In previous years, allocations have been
made to a range of groups including employers and unions to promote and provide training on
health and safety and employment relations matters.
8. In June 2014, the Ministers of Labour and Finance agreed to an in-principle expense transfer of
$0.791 million in unspent 2013-14 Employment Relations Contestable funds to Employment
Relations Contestable funds 2014-15 non departmental output class. It was agreed that the
$0.791 million be apportioned as follows:
a. $0.101 million toward Safe Rebuild Canterbury
29
b. $0.690 million toward the implementation of Working Safer by funding transitional
arrangements for Health and Safety Representative training.
9. Pending further information, MBIE would request the Minister for Workplace Relations and Safety’s
agreement to procure an appropriate mix of online and face-to-face transition training for Health
and Safety Representatives to ensure the effective implementation of the new health and safety
regime.
10. MBIE will also be seeking the Minister for Workplace Relations and Safety’s intention as to the
future direction of the fund and will present a range of options for your consideration. After four
years of health and safety focussed training in Canterbury it is timely to consider options for the
future of the fund beyond 2014-15.
30
Annex 5: Key stakeholders
Crown Entities and Other Related Bodies
WorkSafe NZ Chair: Gregor Coster
Deputy Chair: Ross Wilson
Chief Executive: Gordon MacDonald
ACC Chair: Paula Rebstock
Chief Executive: Scott Pickering
Employment Relations Authority Chief: Rosemary Monaghan
Canterbury Earthquake Recovery Authority Chief Executive: Roger Sutton
General Manager Christchurch Central: Greg Wilson
Equal Employment Opportunities Trust See list of trustees in section 3
Remuneration Authority See list of members in section 3
Worker/Union
Council of Trade Unions President: Helen Kelly
Secretary: Peter Conway
Service and Food Workers Union National Secretary: John Ryall
Other Business Stakeholders
Business Leaders’ Health and Safety Forum Chair: Rob Jager
Executive Director: Julian Hughes
Business New Zealand Chief Executive: Phil O’Reilly
Manager, Employment Relations: Paul Mackay
Canterbury Manufacturers’ Association Chief Executive: John Walley
Employers and Manufacturers Association (Northern) Chief Executive: Kim Campbell
Health and Safety Association of New Zealand (formerly
HASPA)
Chair yet to be determined
31
Annex 6: MBIE key contacts
David SmolChief Executive
MBIEDDI: Cell:
Greg PatchellDeputy Chief Executive
Market ServicesDDI:
Cell: [email protected]
Cath AtkinsActing Deputy Chief Executive
Labour & Commercial EnvironmentDDI:
Mark SteelGeneral Manager
Trade & International EnvironmentDDI:
Cell: [email protected]
George MasonGeneral Manager
Labour InspectorateDDI:
Cell: [email protected]
Kirstie HewlettGeneral Manager
Labour EnvironmentDDI: Cell:
Adrienne MeikleGeneral Manager
Resolution ServicesDDI:
Cell: [email protected]
Bronwyn TurleyManager
Health, Safety & Compensation Frameworks PolicyDDI: Cell:
Rob HodgsonManager
Health, Safety & Compensation Systems Policy
DDI: Cell:
Rob. [email protected]
Gerard ClarkManager
Employment Standards PolicyDDI:
Jo HughesManager
Employment Relations PolicyDDI:
Cell: [email protected]
Scott McHardyManager
International Strategy & PartnershipsDDI:
Cell: [email protected]
Ross van der SchyffActing General Manager
Client Advice, Services & EducationDDI: Cell: