October 8, 2024

Victory for Lyttelton Port Workers against unlawful health monitoring

The Maritime Union of New Zealand (MUNZ) has welcomed this week’s decision by the Employment Relations Authority (ERA) which has ruled against Lyttelton Port Company’s (LPC) attempt to unilaterally impose a mandatory health monitoring policy on MUNZ members. 

MUNZ Assistant National Secretary Ray Fife says the outcome is a major win for the rights and well-being of port workers, ensuring that health monitoring procedures must be subject to collective bargaining and cannot be forced without agreement.

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. 

MUNZ says the policy went beyond the scope of the collective agreement between LPC and the union.

This week’s decision by the ERA has confirmed the Health Monitoring 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, says Mr Fife.

“This determination by the ERA reinforces the importance of collective bargaining in protecting workers’ rights.”

Mr Fife says MUNZ has ensured any changes affecting workers’ health and privacy must be done through negotiation.

He says the ERA ruling highlights the need for employers to act in good faith and respect the agreements they have signed with workers. 

MUNZ remains committed to ensuring that any future health and safety measures at Lyttelton Port are implemented with full consultation and agreement.

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