Speech by NZCTU President Helen Kelly to the NZCTU Biennial Conference 2013

E ng mana, e ng reo, e ng krangaranga maha o ng mata waka, me ng momo tngata katoa o te hui nei.  Tena koutou katoa.

Great to see you all here at our biennial conference. It has been a very eventful two years and it is tempting to spend the time reminiscing about all that has happened but we don’t have the time for that and this conference is always  our chance as a movement to discuss the future.

Can I acknowledge all of you for your participation in the CTU over the period since the last conference.  

At that last conference we set a goal.  That goal was that within a 5 year period we would have the families in this country know about us, understand our values and identify with them.  I think we have made a major start on that – including with a few disputes that we didn’t choose but which we ensured were resolved in a way that promoted our values.  But also the campaigns we have been running.  These campaigns speak to, and involve, diverse communities  and are about the issues we all face together.  

And all of you have been very much a part of that – whether the Living wage, paid parental leave, the asset sales referendum, equal pay and sleep over cases, the Port, AFFCO or Oceania dispute or the Pike and Forestry campaigns or our representation of workers like Charanpreet Dhaliwal, we have been out there, working with working people and their families and showing that we can , with them, effectively organise for change.  

Our campaign against the current changes in employment law is growing and workers around the country are organising into action – the tide is against the changes the Government wants to make – and we are providing these communities with the support to ride that tide and get active against these attacks.  

Thank you all and a particular thank you to the other three officers of the CTU – Peter, Syd and Richard and to our kaumatua Kiwhare – you are a fantastic group of people, totally dedicated and hard working but also very supportive and fun!  I also do want to thank the CTU staff for the brilliant work they do every day.  It always amuses me when someone asks if our legal team or our communications team could do x y or z.  Actually these are teams of one. People are shocked when they realise how small the CTU team is which I take as a testament to the huge amount of work we manage to do!

It is lovely having Ged here – we will talk more to you sister, but suffice to say, I wouldn’t wish Tony Abbott on any worker – and we are here to support you in what will be a bad few years for Australian workers.

So the future.  What is interesting about all the campaigns we have been running is that they are as much about the relationship between workers and the union movement as between workers and their employers.  This, I think, is the genesis for providing us with the thinking for the next wave of union change.  

We are well on the way with the first set of changes – our employment law proposals to provide access to industry based collective agreements across industries is now firmly on the map and being championed by the new Labour leader.  It also has support from the Green Party and when the Government changes next November we are ready for early implementation.  It can’t come too soon.  

Wages are now in crisis in this country with 50% of New Zealanders now saying they worry about making ends meet.  The new law we are proposing works – it will lift wages, protect rights and be responsive to industry.  

This weekend the newspapers ran a story of the annual survey of pay rates of listed companies which shows that in just 1 year the average pay of CEOs has grown from 22.5 times that of the average employee in the same company to  26.4 times as much. We cannot have a system where wages are unfairly determined.  We can have a system where wage growth supports a growing economy – that is different – but not when the price of labour is nothing more than a market equation leaving workers to miss out on a decent life.   In the OECD we have the lowest labour share of income except for Turkey and Mexico.

We can be proud of the work we have done on this new law.  The law we have developed is uniquely Kiwi, but is built on knowledge of international mechanisms that support good collective bargaining outcomes for all parties.

Also in the area of union change we are about to embark on our first leadership training programme. We do need to invest in the development of the next generation of leaders to drive the change – leaders that think across the movement and utilise for their own union, but also for all the working people of this country – the strength that a whole movement gives us.  There is no point in some parts of the movement being strong and others being weakened – the success of all affiliates is more important than the success of any.

Unions instinctively understand this and when the going gets tough – as it did with the Port and AFFCO – we responded – put aside all other priorities and gave those workers huge support.  And it is not too strong to say that our future as a movement depended on the outcomes we achieved. Imagine if we had lost them –if the wharfies had been driven off the port in AK to contracting or the meat workers had been left without union coverage.  It isn’t worth thinking about.  

But disputes can’t be the only time we band together as a strong dedicated movement.  Although we have talked big about new forms of organising working people, and although we have many fledgling campaigns that are doing this, we still have a long way to go on those plans.  

We all launched the union Together in 2011 and we have been experimenting with how to utilise it to strengthen the movement.  Recently we agreed to use it for a number of new ideas – to organise easy access to membership in industry and community groups seeking forms of association which don’t naturally immediately fit into current union structures.  Groups like Iwi and forestry for example.  The collaboration between the First Union, Together and the Forestry community is a great place for us to learn what works.  We are also launching a Together Union Futures Fund that people who align with our values can support.  Those who want to contribute financially and practically for new organising projects will be encouraged to do so.  We do have members and supporters who want to support new initiatives like the Forestry campaign.  This will allow us to more easily resource these campaigns and build activists for these activities.

You know we had our Stand up conference earlier this year and the overwhelming feedback from those young people attending was how great it was to all be together and meet other young workers from other unions, and it raised the question for me about why they are ever apart.  New organising campaigns such as the insecure work one we are launching later today will allow them to strategise and act together as they identified they want to at their conference.

I am excited by the new initiatives we are experimenting with and actually we are not alone and there are now very similar ideas being testing in the USA by the AFLCIO and by the TUC in the UK.  These organisations are asking very hard questions like what exactly is a union in a modern economy.

For example, what about an organisation like the one in South Africa with a million self-employed street sellers that enables these workers to campaign for street licenses, for freedom from police harassment and against bribery and for these workers to move into the formal economy to benefit from the social protection systems in South Africa – is it a union?  Is the organisation of special effects workers in the US a union.  With thousands now engaged in it, including workers engaged on many different forms of employment arrangements thoughout the film industry, is it a union?  These are challenging questions – what is a union – what is its core characteristics?  How will we organise working people into collectives into the future and what is the mechanisms for determining pay for these workers who sit outside any collective bargaining system and likely usually will.

To find the solution we need to ask – what do workers want?  

Our focus has traditionally been on the relationship between union members and their employers.  We have put insufficient focus on the relationship between workers and the union movement – this is in my view, a key to leveraging up our effectiveness.  The forestry campaign is informative.  From 1919 to 1987 (almost 70 years) forestry workers in this country were unionised.  They worked for NZ forest service and they were staunch.  We have an analysis of the problem of unionisation for these workers in today’s context – 9 big forest owners and 300 contractors employing 6,500 workers, that the employers of these workers are the contractors – they too work in the forest and are often themselves screwed down by the forest owners– that real change will require a structural change at the top of the industry.  But all this analysis focusses on the employer/employee relationship.  

What about the relationship of these workers with today’s union movement?

I have attended a number of meetings with these workers – two things strike me – the first is inevitably they say they want a union – they are worn down by their experience of work– the number that say, if they had a choice they would leave – is disturbing.  But when they say, as they do, they want a union – I say, they have one – look at them – talking together and with their families and communities, discussing health and safety, discussing industry training, discussing wages and conditions – what else does a union look like? That question again.

The second thing they do is look scared about joining up officially to the registered union First Forestry Together.  It’s not the fee – there is not one right now, but actually they wouldn’t mind if there were –they are spending money on this campaign themselves – it’s something else.  Some of it is fear – sure – that their boss won’t like it and a number have been threatened for being involved.  

But recently I asked a group of older forestry guys what they thought the barrier was – they told me to research the history of the Timber Workers union that they use to belong to  – go back to the 1970’s they said and find out about the dispute in the Rotorua area.  I have now done that.  It is always controversial to analyse a dispute in a critical way especially if you weren’t there at the time, but you know, we shouldn’t be scared to do that – to talk about what was good, values based and coherent, and what was not.

Basically these workers at that time, or maybe in retrospect, felt used by the union movement in an agenda they had not set.  There were genuine issues of concern – health and safety was a huge issue then, there were wages and dismissal issues, but they found themselves in a dispute about other issues – about the union and its officials and about the cold war that was playing out then across the movement – a power struggle– not so much about them, but hurting them, dividing them and in the end even 36 years later, making them hesitant to associate with us again.

I have had a number of emails from union activists recently who are excited by this campaign and want to help.  They are often proposing actions for the new forestry organisation – pickets outside the forest owners, boycotts etc etc.  

My response has been – not without the workers and their families – they have an agenda – they know what they want from a union and they want to control that and participate in it.  The relationship they have with us is much more important than the relationship with their employer.  When they are organised and empowered and connected to each other – they will want to engage their employer and the Forestry Review is giving them their first chance to do that.  I am confident things will change in the industry but the legacy must be a union capable of retaining and building the strength and connectedness of the workers in the NZ forests.

And you know – they are already having success through their association.  In less than a year we now have workers meeting around the country.  We have had a media profile that has been spectacular as the families of workers killed in the forests have found their voice.  We have workers talking together on social media and at work.  And now we have the Forest Owners working with us to agree terms of reference for a review.  I am confident we will have a representative on the Review panel who will ensure the recommendations are robust.  Just this week, finally the Minister of Labour said his Department will support the review – this is a significant development!  This raises the question of how we measure success.  It can’t just be through traditional membership growth. Membership growth will be one result but if that is all it is then it is not sustainable – success has to be the extent to which workers voices are heard on the issues that are meaningful to them at work.   Acknowledge DWU and FIRST

The new employment laws we are seeking will make space for unions to genuinely reach any worker that wants to belong to our movement.  It provides a genuine choice for workers to associate.  We should use that opportunity in a manner that both respects that new chance to connect and organise but also which builds a modern movement that is sustainable, and in which workers proudly hear their voice.  What this means in practice boils down to a discussion about union democracy and form – not just for the members of current unions but for those that associate tomorrow and the next day.  

What do we need in form, structure and practice that enables workers to belong, participate and identify in the fullest sense?  It is a question being asked around the movement and around the world – from the ITUC campaign to recast the vote for the Football world Cup in Qatar to the forests and construction sector here – unions are changing and innovating – let’s keep doing it!  

We want our movement to be the touchstone for good values – fair, just, broad, inclusive, active, empowering and effective – the touchstone.
I need to cover three more areas which will be a focus of this conference.
The first is the Employment law changes – this Government as you know is out of touch with working people – they are embarking yet again on more employment law cuts.

The first is the removal of the right to a tea and lunch break – workers that don’t have this guaranteed in their collective will not have an entitlement anymore.  The second is the removal of the protection from cleaning and catering staff of their security of employment when the contractor they work for is replaced – currently any new contractor is required to transfer the current workers over – but it is proposed that if the new contractor employs fewer than 20 staff they can dump current staff doing the work.  

Three core changes to collective bargaining will reduce wages – the Government’s own papers say they will.  Firstly employers will no longer have to agree a collective agreement in bargaining, leaving the employer free to reject collectives in favour of individual agreements.  New workers will not have to be offered the collective for the first 30 days of employment as per the current law, allowing employers to unilaterally offer reduced or changed terms to new workers to undermine the collective agreement.  And another change gives the employer a free run to destroy the bargaining unit in a workplace.  If the employer refuses to settle a collective, as they will be able to do, they can seek an order from the court that the bargaining is finished.  If this is granted the collective that is in force will come to an end, putting all workers on individual agreements.  The one year protection of collectives after expiry is being removed.  The Government is then granting a 60 day period to employers where all union bargaining rights will be removed – the right to bargain and the right to strike – leaving the employer free to offer individual agreements.  

And you have to ask given the crisis of wages in this country – Who would do this?  I have been travelling the country for weeks to meet in workplaces with union and non union members to discuss these changes.  Ingham Chickens, Sealords, Heinz Watties, PNth Hospital, Aotea College , Port of Napier, Tai Poutini Polytech, Auckland university, Kiwi Rail, Silver Fern farms, Warehouse stores, paid union meetings, unions local meetings, Housing NZ staff  – you name it – workers are shocked at what is proposed.  And thanks to all the lovely organisers about the place for arranging these meetings for me – I will do more in November and December!!  

Workers are shocked but activated!  We have set up local campaign hubs for them to plan their activities – they are deciding what will work – they are leafleting, marching in a mask parade, handing out cups of tea in the square, visiting MPs (some for the first time) and organising rallies.  We have momentum and the community are concerned .  This is a strong sign!

Sometimes we feel fighting law changes is futile – they have the numbers – what is the point, but this campaign has broader goals then just defeating the proposed law – we are promoting our alternative law, we are organising political opposition to the Government and we are continuing the campaign leading up to the next election.  Next year we should have a robust campaign plan in place to retain the momentum.  This will include supporting workers who are left fighting these laws at their workplace to  protect their collectives next year and rallying again in April when it is proposed to become law and continuing the local activism to get workers on the roll and out in the election campaign– not just to vote – connecting all the campaigns I have mentioned to make wages and work a key election issue.

The first question from workers always when I set out these changes is why?  Why would the Government do this to us – now.  My view is because they are living in the past and fear the future – they want us to live in fear too, rather than hope – fear of losing a job,  fear to stop us wanting a better New Zealand or worse still from demanding one. They are trying to create a collapse in confidence of workers knowing that only collectively can workers build a barrier to that.  Collectively through unions we are the hope, we are the future and we can have confidence.  It is always worth remembering that as this campaign rolls out.

Later today we will launch our insecure work campaign– a campaign the joins up with workers who are being marginalised by the nature of their employment status.  You will hear more about this issue when we have the launch.  It is clear that this type of employment is bad for us all.  It allows workers like Charanpreet Dhaliwal to be employed by a contractor to Fulton Hogan in an unsafe worksite as a security guard to be killed on his first night at work.  It allowed the young Joseph Dunbar to be engaged as an independent contractor at age 17 in the Pike River mine, killed on his first day, it allows  Elderslea rest home to tell all their workers that they are now casual and have to be available any time any day if they want sufficient work to make ends meet and it allows the Port of Auckland to consider shonky contracting arrangements when they can’t get their way with their collective agreement.
 
You know everyone may get away with the death of both Charanpreet and Joseph – ACC because neither had any earnings so no earnings related compensation is payable and no lump sum as neither had dependents, and in the case of Joseph – not even funeral expenses as his body lies trapped in that mine.
 
MBIE, who clearly at least in the case of Pike, did not carry out their duties but even in regards to CP found FH took all practicable steps to keep him safe  when actually it took virtually none.

The companies that benefitted from their work – FH have walked away and won’t even agree to talk to the SFWU about responsible contracting in the future, and Pike who have gone under, and even their immediate employers– despite very serious health and safety breaches, a pitiful fine was awarded against the major Australian mining firm Valley Longwall, that contracted Joseph and CNE that employed Charanpreet is yet to be held to account – an issue we are sticking with.  

But what about the Eldserlea workers –  one women had worked there 10 years on a wage close to the minimum, thinking her work was of value, she wept when she was told about the change – not only worried about her economic security – but the inherent message that she was worthless, replaceable, dispensable and that she had been made a fool of by thinking anything else.  I understand after a brilliant campaign by these workers and the SFWU – that this matter is resolved with these workers back on regular hours – but why they even had to fight is the thing!

Insecure work does this – it damages the economy, it disrupts families and removes employment rights – and it also damages the soul – it is a ruse, a scurge, and must be exposed.  The report is great, the plan is better and I am looking forward to its launch.

Finally I want to talk about next year’s election.  It has never been more important to change the Government.  We are on a bit of a roll.  The parties that support workers are taking the lead in the polls and the issues are piling up against this Government.  It has shown that is sees business owners as its masters and as the only important contributors to the NZ economy.  It behaves callously and in an unprincipled way including in its treatment of the unemployed and solo parents, and in the manner is disregards democracy.  There are lots of issues of concern and we must work alongside others with in areas of child poverty, social justice and the environment about these.  It is time for a change.  

What we do best is the organising to run a successful election.  We are building up capacity and we need to use events like the asset sale referendum to maximum advantage.  Delegates in workplaces can facilitate the voting in the asset sale referendum – get people who do not get a paper to get on the roll, check that those with a paper vote.  So much work went into the referendum we need to ensure good participation.  I hope you have seen the TV ads the electoral commission is running – beautiful to see the question being advertised like that!  We then need to keep the momentum going into next year and have a good turn-out strategy.  We can make the difference.

So let me just finish by again saying thanks for both the work of the last few years but also for the next period and lets use this conference to maximise our effectiveness on the issues on the agenda.  I hope you enjoy the conference and that we all go away with new plans, new friends and new determination.  
 

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