No. 98 - Right to Organise and Collective Bargaining, 1949

Provisions

• This Convention ensures that workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
• Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration.
• Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise.
• Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

Administered by

Commerce Commission

• Commerce Act 1986

Department of Labour

• Employment Relations Act 2000
• Trade Unions Act 1908

Ministry of Justice

• Human Rights Act 1993
• New Zealand Bill of Rights Act 1990

How New Zealand implements it

• The Employment Relations Act is the primary piece of legislation that provides recognition of the right to organise and collectively bargain in New Zealand. The key objectives of this Act are promoting good faith, collective bargaining, and the effective resolution of workplace problems.
• The Trade Unions Act provides clear recognition of the role of trade unions. The Act defined trade unions widely to include workers', employers' and trade organisations.
• The Bill of Rights Act affirms, protects and promotes human rights and fundamental freedoms. This Act applies to acts of the legislative, executive, or judicial arms of government, or by persons or bodies in the performance of a public function, power or duty conferred or imposed by or pursuant to law.
• The Human Rights Act prohibits discrimination on the grounds of sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, or sexual orientation. Workers and employers cannot be excluded from any association on any of the prohibited grounds of discrimination in the Human rights Act, nor can associations that exclude workers or employers on any of these grounds be established.
• The Commerce Act provides protection for trade unions from allegations that collective bargaining is anti-competitive. It protects the right to bargain collectively by exempting contracts and arrangements about terms and conditions of employment from its general provisions prohibiting anti-competitive practices.

This Convention is not applicable to Tokelau.

Ratified - 9 June 2003

Total ratifications - 158

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