Determination 'reinforces importance of collective bargaining in protecting workers' rights'
The Maritime Union of New Zealand (MUNZ) is welcoming a decision by the Employment Relations Authority (ERA) which ruled against Lyttelton Port Company’s (LPC) attempt to impose a mandatory health monitoring policy on MUNZ members.
“This determination by the ERA reinforces the importance of collective bargaining in protecting workers’ rights,” said MUNZ Assistant National Secretary Ray Fife.
The outcome is “a major win” for the rights and well-being of port workers, ensuring that health monitoring procedures are subject to collective bargaining and cannot be forced without agreement, he said.
LPC is the South Island’s largest international trade gateway, facilitating the movement of billions of dollars’ worth of imports and exports each year, according to its website, which states: “The wellbeing of our people is at the heart of LPC. We work closely to manage risks around fatigue, noise, exposure, stress and wellbeing. When we’re healthy, we can safely work at our best.”
Mandatory health monitoring
The dispute arose after LPC introduced a mandatory health monitoring policy in July 2024, covering aspects such as cardiovascular disease, diabetes, and mobility, alongside hearing, sight, and respiratory testing.
The assessments were brought in following the death of a staff member, Don Grant, while on the job in April 2022, according to RNZ. Grant died when he was struck and killed by coal being moved via a conveyor belt and loaded onto a cargo ship by a jet-slinger.
"The workforce is just shocked and disappointed that the port company seems to be using Don's death as a catalyst to driving in a mandatory medical assessment, and the union is not having any input or say into what that looks like. In our view, it basically takes away any right of the employee's privacy,” said Union national secretary Carl Findlay.
But Lyttelton Port Company chief executive Graeme Sumner said accident investigators recommended mandatory health assessments after Grant's death, according to RNZ.
"The health assessments are crucial for identifying employees who may need support with a comprehensive health management plan and rehabilitation. This initiative aligns with our obligations under the Health & Safety at Work Act 2015 to prevent harm to our workers and others due to health-related limitations in performing their duties safely."
MUNZ said the policy went beyond the scope of the collective agreement between LPC and the union, and the ERA confirmed the policy was inconsistent with the Collective Employment Agreement and, therefore, unlawful.
The decision reaffirms that LPC cannot expand health testing requirements beyond those agreed upon without the union’s consent, said Fife.
He also said the ERA ruling highlights the need for employers to act in good faith and respect the agreements they have signed with workers.
