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ISSUE 141 - OCTOBER 2016 BUSINESSPLUS NEWS AND COMMENTARY FOR EMA MEMBERS BUSY BEES GROWING THE NZ ECONOMY READ MORE: PAGE 29 MORE STORIES Page 5, 8: Environment law protects no one Page 13: Manufacturing driving NZ’s growth Page 19: 90-day trials strictly enforced Page 26: Nothing like a trade mission to get you going PLUS: Spring Member Briefing schedule and more...
“THE BEST WAY TO DEAL WITH ANY EMPLOYMENT RELATIONS MATTER IS WHEN YOU KNOW THAT YOU ARE ON THE RIGHT TRACK, FOLLOWING THE RIGHT PROCESS. THE EMA SUPPORTS AND COACHES MEMBERS, LIKE US, TO BE PROFESSIONALS LIKE THEM” Marilou Cuison, Human Resources Manager | PAK’nSAVE Papakura Do you need help with restructures, union negotiations, personal grievances or other staff issues? LET AN EMA CONSULTANT HELP YOU. Visit ema.co.nz or call 0800 300 362 to find an EMA consultant near you.
“To champion BUSINESSPLUS ISSUE 141 - OCTOBER 2016 BUSINESSPLUS New Zealand business and NEWS AND COMMENTARY FOR EMA MEMBERS is published by The Employers and Manufacturers Association help our members succeed” BUSY BEES GROWING THE NZ ECONOMY (Northern) Inc (EMA) READ MORE: PAGE 29 EMA is the major shareholder of national lobby group, BusinessNZ. EMA head office: 145 Khyber Pass Rd, Grafton, Auckland, New Zealand On the cover... Private Bag 92066, Victoria Street West, Auckland 1142, NZ Manuka honey production pioneer, New Zealand Ph: +64-9-367 0900 Manuka Group, keeps innovating and growing. Email: ema@ema.co.nz In Hamilton: Full story, p29. MORE STORIES Page 5, 8: Environment law protects no one EMA/ExportNZ Waikato Page 13: Page 19: Manufacturing driving NZ’s growth 90-day trials strictly enforced 103 Tristram Street, Hamilton. Page 26: Nothing like a trade mission to get you going CONTENTS PLUS: Spring Member Briefing schedule and more... PO Box 490 Waikato Mail Centre, Hamilton 3240. Ph: +64-7-839 2713 In Tauranga: ExportNZ Bay of Plenty Commentary Smart Business Centre, 65 Chapel Street, Bay Central, Tauranga, 3110. 5 EMA’s CEO Kim Campbell on: Effective use of our resources PO Box 13202, Tauranga Central, Tauranga 3141. – a case for change Ph: +64-7-571 0600 AdviceLine: 0800 300 362 (in NZ) or 1800 300 362 (from AUS) or Winston Peters guest speaker at AGM in November advice@ema.co.nz 6 Want better transport? Over to you, Aucklanders Phone 8am-8pm weekdays for information about employment and 7 Obituary to Sir Graeme Douglas more, plus referrals to EMA Legal lawyers and your local EMA consultant in employment relations and/or occupational health and safety. 8 Report backs need for resource management reform Visit www.ema.co.nz for owner and staff training programmes, confer- 9 BusinessNZ CEO Kirk Hope on: We need people with skills and work visas ences and other events, employer guides and templates, manufacturer services, media statements and submissions, export development and more 10 Tapping into global expertise EMA contacts Survey: How well does this magazine keep you informed? Chief executive: Kim Campbell 11 Opotiki – more than farms and shops Membership manager: Roger Carson External Relations manager: Val Hayes 12 Seen @ Mayoral candidates’ debate - Auckland Advocacy and Industry Relations manager: Mark Champion 13 Manufacturing driving NZ’s economic growth Learning manager: David Foley Employment Enterprises and Strategy manager: Mauro Barsi Industrial Relations and Safety manager: Paul Jarvie 14 Avoiding employment traps with employment agreements Finance and Technology manager: Paul Yeo 15 Apprenticeships making a comeback in NZ Corporate and Building Services manager: Sheree Alcock ExportNZ manager: Catherine Lye 16 Employment Chat – Q and A: Coping with health and safety, underpaying competitors and public holiday pay BusinessPlus is free and available to EMA members only 18 20 EMA members reach finalist status in Best Workplaces Awards Editor: Mary MacKinven, +64-9-367 0939, mob +21 636 089, 19 Case law: Strict rules relating to 90-day trial periods email mary.mackinven@ema.co.nz 20 The end isn’t nigh for worker safety and wellbeing Designer: Ripeka Mikaere | Printer: MHP | Distributor: Rocket Mail In business Advertising sales: Colin Gestro, Affinity Ads, mob + 27 256 8014, email colin@affinityads.com 22 ICT: Choose the computer solution based on the business problem ISSN No. 1176-4953 23 Wellbeing: Nutrition - the game changer your business needs? 24 Marketing: Marketing-led approach leads to market leading 25 Selling up: Strategically exiting a significant business International trade EMA is yours 26 Nothing like a trade mission to expedite exporting Enterprises of all types and sizes belong to EMA for a variety of benefits: 27 Business opportunities for NZ in Cuba • The latest information and advice on everything to do Member profileS with employing staff or managing contractors, and legal representation if employers require - at member rates; 29 Manuka Group: Busy bees grow their Manuka honey business • A choice of 100-plus courses and tailored training 30 Zealong Tea Estate: NZ tea tempts German tastebuds options, plus specialist seminars and events on topics Over the Moon Dairy: International recognition for NZ cheese such as Lean practice and developing markets offshore through EMA’s Export New Zealand division – all 31 Spring Member Briefings schedule: book now! providing opportunities to network; • Ensuring your voice is heard by local and central government, since our aim is to improve the environment + Inside: Training Plus insert detailing October training courses, and more in which your business operates. BusinessPlus October 2016 3
10 WAYS WE HAVE HELPED YOUR BUSINESS Been deeply involved in making Provided economic and employment 01. practical changes to the Health & 02. updates to more than 6000 people Safety at Work Act via our regular Member Briefings Introduced the concept of Employment Continued to raise the importance of better 03. Readiness Certificates for school leavers 04. transport infrastructure and funding for this Promoted the need for a more efficient Been instrumental in the passing of 05. planning and consent process 06. legislation protecting migrant labour from exploitation Fought to mitigate members having to Answered more than 30,000 queries from 07. bear unnecessary costs of earthquake 08. members via our AdviceLine service in the strengthening for buildings in low risk past year areas Provided more than 750 training, Delivered a reduction 09. networking and conference events for 10. in ACC levies our members, which were attended by more than 10,000 people NZ 0800 300 362 | AU 1800 300 362 www.ema.co.nz
CEO COMMENTARY By Kim Campbell Effective use of our resources – a case for change The launch of our campaign to reform the EMA has been vocal on reforming the its environmental goals. resource management system marks a Resource Management Act (RMA) for many significant milestone for the EMA. years. We know that this piece of legislation Rigorous evaluation and monitoring of has been the bain of your life and most outcomes has been limited, resulting in In late September, we and the Property businesses consider it a handbrake on an erosion of the potential for adaptive Council of NZ and the New Zealand Council development - particularly when it is governance and robust implementation. for Infrastructure Development, released combined with the Local Government a ground-breaking piece of research Act and the New Zealand Transport It’s time to put the party politics aside, and conducted by the Environmental Defence Management Act. have a mature debate about how we as Society (EDS) – which you can read more a nation want to effectively manage our about on page 8. In this latest development, we can now resources. say the current system is not working for You may well wonder why business business, nor serving the needs of the While we initially believed a reform of the organisations such as ourselves would environment. We commissioned the EDS to Act was required, we are now of the view have teamed up with an environmental explore whether the RMA had delivered to that the debate goes beyond this. There is organisation. The answer is simple: the desired environmental outcomes, as part no quick fix on offer here. current resource management system of a wider assessment of the efficacy of the is not working for anyone – no matter Act. What’s important is that we, as a nation, which side of the debate you sit on, the need to explore the options for change. one thing we all agree is that there is an Now in its 25th year, and having been These may be legislative, they may overwhelming need for change. amended more than 20 times, the RMA be institutional, these may be around has not met the environmental outcomes process – whatever they are it’s important This research delivered the empirical expected of it, according to this research. that we marshal a new era for resource evidence that our current system is failing management. the environment. A lack of national direction has limited the potential of the resource management • Kim Campbell is the CEO of EMA. Email As a member, you will be well aware the system to effectively and efficiently achieve kim.campbell@ema.co.nz Winston Peters guest speaker at AGM Come along to our annual general meeting known for his role as kingmaker when he held (AGM) on November 9 and gain an insight into the balance of power after the 1996 election. He how New Zealand politics will shape up over the eventually formed a coalition with National. next 12 months leading into the 2017 general election. The question is, will he be kingmaker again in 2017? With The Right Honourable Winston Peters as the guest speaker, you will be left in no doubt about AGM details: his view of his role in the next Government. Date: Wednesday, November 9 Time: 4pm-6pm: AGM meeting, guest While he is the current MP for Northland and speaker and refreshments Leader of New Zealand First, his political career Venue: EMA Business Hub, 145 Khyber Pass spans almost 40 years since he first entered Road, Grafton, Auckland Parliament in 1978 as a National Party MP. Please register your interest with kylee. goodwin@ema.co.nz if you would like to Arguably, under the MMP environment, he is best attend the AGM. BusinessPlus October 2016 5
COMMENTARY “The EMA would have liked the same urgency applied to By Alan McDonald actually building the required infrastructure.” Want better transport? Over to you, Aucklanders are going to have to pay more options for progressive congestion our transport future. But, they must also be for better public transport, better road charging. convinced that the future vision will deliver links and less congestion on the roads - the promised benefits. That leadership somehow. Enhanced roading, public transport and must come from our Mayor, Council and traffic management systems are all part perhaps a specialist ATAP-style body That’s the clear message that emerged of the equation, but ATAP is pinning its charged with delivering the newly aligned from the findings of the Auckland Transport hopes on reduced congestion on a yet- transport strategy. Alignment Project (ATAP) announced in to-be-identified road pricing mechanism. mid-September. ATAP has been a success That is hoped to shift the mindset and Public Private Partnerships would be for Transport Minister Simon Bridges behaviour of Auckland drivers towards one way to speed up project delivery; and Auckland Mayor Len Brown, in that off-peak schedules and public transport in Infrastructure Bonds could spread costs central government and Auckland local sufficient numbers to reduce congestion in over future generations of Aucklanders government, plus the transport planning 2027 by about 6 per cent of 2013 numbers. who also benefit from today’s projects; and agencies, all now agree the transport That’s roughly equivalent to the freer flow asset reallocation might help unlock the priorities for the city and the region. of traffic we see every school holiday in Government’s wallet by demonstrating Auckland. Auckland is willing to contribute its share The result is a 10-year programme of – much as Christchurch has shown during transport priority projects – basically the Who pays the $4bn the rebuild. Auckland Transport Plan developed by shortfall? Auckland Council and Auckland Transport In the meantime there is no urgency to The ATAP report acknowledges the two years ago, plus a NorthWestern reduce worsening congestion and not urgency around finding funding solutions, Busway. even a hint at where that extra $4bn might and proposes a work stream to address that come from, although Auckland Council’s issue as early as next year. At nearly $24 billion that’s $4bn more than chief executive Stephen Town made it clear the previous forecast spend. But there is no at the ATAP briefing that the majority of The EMA would have liked the same clue as to where the $4bn will come from. that funding was expected to come from urgency applied to actually building the Auckland Council. required infrastructure. Why the 10-year delay in reducing congestion? That’s how long it will take Auckland ratepayers and road users will The EMA takes issue with some of the ATAP to assess and implement the technology have to accept they have a role in funding priorities, as enhanced port access and the 6 BusinessPlus October 2016
Obituary to Sir , Aucklanders Graeme Douglas second stage of improved airport access By Kim Campbell should be included in the early priorities rather than in the intermediate phase. Founder and joint managing director of Douglas We will also continue to push for three- Pharmaceuticals, Sir Graeme laning of the Mt Wellington overbridge as Douglas, passed away on part of the East/West link. September 1. The company has been a member of EMA for 35 But ATAP has also been a significant success years. in identifying an agreed set of priorities. With the multitude of agencies and It was as if you were the only ownerships/responsibilities for various parts person on earth when you met of Auckland’s transport network, it’s great to him; his personal attention and have that alignment. simple, old-world manners never permitted him to be anything but Let’s get on with it. attentive, polite and charming… year in and year out. Proposed contractors law defeated A quiet, determined man with A special thanks to all our member unshakeable personal values, companies who responded to our call possessed of a sharp intellect and Sir Graeme Douglas to action recently, which resulted in tough inner resolve. defeating the Minimum Wage (Contractor Remuneration) Amendment Bill. Often underestimated, Sir Graeme Douglas was at the same time a shrewd and determined businessman and a generous, charitable philanthropist. He Our members emailed MPs and raised was a colossus in the Auckland business community, standing stride of an awareness of what was a flawed piece of international pharmaceutical enterprise he started in his Pharmacy in Te Atatu law – and which was defeated by one vote in , and now employing more than 450 people. Parliament in late August. I doubt his headmaster at New Plymouth High school saw the promise of the That was influenced by your direction and distinguished old boy he would spawn, nor indeed his best mate Sir David support, along with pressure applied by our Levene who was knighted on the same day as Sir Graeme at Government sister membership organisations around the house. Graeme would marry Ngaire, whose sister would marry David. country. We first met when we were competitors in the pharmaceutical industry nearly The Contractors Bill would have imposed 30 years ago, and he subsequently asked me to become a director of his restrictions on contracts for services, company. requiring those in contracting arrangements to be paid the equivalent of the minimum In the intervening years I have observed how he was able to build his business wage or higher. Members were telling us steadily; without fuss, enter and exit markets with good timing, believing in his their concerns were not that businesses people and building durable relationships around the world. He was the type would have to pay the minimum wage. of businessman who makes you proud to say you are in business. Rather, it would have meant Government would have to set a minimum contract rate He will be deeply missed by his many charities, his dedicated staff, his sons Jeff for services in order to address concerns and Richard, his wife of nearly 60 years Ngaire, his extended family and a huge about poor remuneration practices. The community of colleagues and business associates. Bill would have blurred the line between contracts and employment agreements. New Zealand has said farewell to one of its leading citizens and I have lost a dear friend. • Alan McDonald is policy director at EMA. Email alan.mcdonald@ema.co.nz • Kim Campbell is chief executive of EMA. Email kim.campbell@ema.co.nz BusinessPlus October 2016 7
COMMENTARY By Alan McDonald Evaluating the Report backs need for resource environmental management reform outcomes The Reso urce Mana human gement activities Act has landscap on New jurisdicti es and Zealand’ on over unique s fragi many outcome wildlife. le islan of the s of the d ecos impacts RMA have This repo ystems, of of poor rt conc exception 9. A narr impleme not met ludes al ntation, expectati that the ow rang Addressin but also ons, large environm e of instr g air disc due to ental has been uments impleme harges, a wide ly as a employed most poin range result nting mitig behaviou to gene of the R t source of othe r chan rate standard ation and r facto ge whic ising deci offsetting freshwate rs. instances h, in man MA most com sion-ma to addr r disc harges, , has not y munities king and ess unav purpose. been fit can func providing oidable better for tion are a fram impacts, likely poss outcome all achi ework ible throu s are The effec evements within tiveness which a broa gh emp of the it can der rang loying commun claim. e of instr ity aspi RMA woul including rations d seem uments, but has to have economic been weak are more instrume easily been grea The Act est whe reconcile test whe nts. has been re reso d with re 10. futu urces extractive re refor and weak strongest are past m of the Evaluating the est on on adju comforta inter ests, managem resource dicating Our report on the environmental There were two parts to the report. longer overarch ble alloc ent syst term strat ing man individua ation limit New Zeal em for egic issue agement l perm s. and shou the goal of cum itting func of sust s. As a ulative tions, only whe ld proc environmental ainable result, effects re the eed below. managem it has and othe anticipate Some largely improvem are sym ent to failed r ents are d ptoms date. The to achi of othe key issue eve and whe certain r key issue re any outcomes 1. Whil s are iden changes e the RMA s – they tified based are outcomes of the Resource Management has brou are all on robu linked: A report by the it coul ght toge st evid d be more ence. integrate ther a lot of be bett The rese of the RMA er joine d. Ther decision tting of d up to e are still -making case law enhance key exclu processe King Salm through overall sions that s, on and 2. A lack environm improvem the ongo of effec ental outc should ing tive strat ent in omes. planning Part one lookedEnv has redu egy and of natio , availabili Act (RMA) paints a dim picture. ironme at what measures were ced the oversigh nal direc ty ntal Def including potential t of deci public tion and A report by the to prot expectati rising ence Society the capa ect envi sion-ma city to ronmenta king potential ons sign manage al that Environmental Defence 3. The cumulati l value s, of the Act is the Society incorrect jurisprud ve effec ts. unlocked . The RMA only just being undermin ence relat for New is the ed the Zealand’ flashpoin potential ed to the s effor t June 2016 reset of ‘overall with sust ts to grap available to assess the outcomes for the case for envi balance’ ainability law and ronmenta and it ple l bottom approach seem woul other we have som d 4. Agen amendm lines to ents are be appl e work cy capt likely to ied. The to do. ure of see this vested (particula This chall interests rly loca improve. enge is appropria has redu l) gove projected far from ced the rnment dissipatin June 2016 tely man power by populatio g. age effec of the economic n and A little over a year ago the EMA joined the environment since the introduction ts on the RMA to growth 5. A lack environm pressure will only of natio ent. s on the sharpen system nal direc restructu environm to effec tion has ring of ent, and tively limited econ and effic the pote will be omic syst iently ntial of required ems 6. Agen achieve the RMA sustaina to achi cy capa its envi bility (suc eve genu The purpose of this project city has ronmenta ine h as ‘curb forces with the Property Council NZ and of the RMA. They painted a pretty dim is to explore whether the the RMA often l goals. the appe Resource Management and oppo been insuffi tite of ing Act 1991 (RMA) has delivered finan amended rtuni and much-discussed cien mus the afflu desired environmental outcomes cial and ties for cent , t to succ t recognis ent’).1 for logistical ral gove essfully e the curre We New Zealand. It is intended the Act’s impact on ort impleme of the to complement wider assessments supp economic and rnment nt RMA and nt failin of have gene to prov act upon gs the efficacy of the Act. 7. The environmental outcomes rally not ide to mars The project is focused on design is a common hal in them, gathering the best of impl been take a new available information on different topic of ementing although conversation, n. genuine era of the state of the environment more in New Zealand mandate institutio adoption New Zealand Council for Infrastructure picture, with much of our native flora and the influence of the the best more the sformer requires than the latter. ns and of sust RMA on that state. This means systema allocation ainability evidence is intended . to help enable an informed of deliv tic revie of discussion on the future ering on w to ensu of the RMA. statutory re it is 8. Rigo Often missing from this aspiratio rous eval discussion uation ns. The RMA was the first legislation eroding is an empirical and mon element. The internationally to enshrine the pote itoring sustainability in its overriding the concept of ntial of critical issue for really is, has theoutc omes purpose which is ‘to promote adaptive RMA has been the sustainable Development to commission a report and fauna, maritime and freshwater management of natural delivered on its environmental governan limited, and physical resources’. ce and Now in its 25th year,AEvAluA the TINg ThE robust of the Act remains high profile ENvIRO goals impleme JuNE 2016T by ThE ENvIRONMENTAl and if not, why not? This REpOR amongst observers of environmental ntation. and economic NMENT OuTcOMES management and it is highly is theAlkey DEfEN Of ThE question y that this cE SOcIET RMA visible compared with other legislation. Often report seeks to answer. 1 benid ickson et al, 2011 to analyse the effectiveness of the environments, in a poorer state than they EvAluATINg ThE ENvIRONMENTAl A REpORT by ThE ENvIRONMENTAlOuTcOMES Of ThE RMA JuNE 2016 DEfENcE SOcIETy RMA in protecting and managing New were in 1991. Zealand’s environment. Part two of the report focused on the The purpose of this proje ct is to explore whether The notable exceptions were Act 1991 (RMA) has delive red desired environmental implementations the Resource Management andamen effectiveness of the ded and much-discussed outcomes for , Those findings are now available and improvements NewinZeala airnd.quality, It is intendedpossibly to complement wider asses RMA, and sments of the results are the telling. Act’s impa ct There on economicis and the efficacy of the Act. envir onme ntal we’ve been sharing them with key driven as much by the HealthTheAct available information on and project is focused on gathe wide agreement ring the best among thoseoutco various mes is a common topic of conversation, altho the state of the environme ugh nt in New Zealand stakeholders, relevant Government other legislative change, and the as much influence of the RMA on as by stakeholders that state. This evidence involved on more a daily basis with the former than the latter . is intended to help enable an inform ssion on the future the of theAct, Ministers and opposition politicians the RMA, and in the significant reduction RMA. that it needs significant or some ed discu Often missing from this discussion leading up to, and since, the formal of point source (drains, The RMA was thesewers, first legislation internation reform to meet its environmental is an empirical element.goals. The ally to enshrine the conc ept of launch of the report’s findings late last wastewater outlets) pollution sustainability in its overr into iding purporivers, se which is ‘to promote the sustainable critical issue really is, has the RMA management of natural delivered on its environme month. lakes and maritime environments. of the Act rema and physical resources’ . Now in its 25th year, the profile CONTINUED on goals and ntal pg28 ins high amongst observers if not, why not? This of environmental and econ management and it is highl omic is the key question that y visible compared with this other legislation. Often report seeks to answer. EvAluATINg ThE ENvIRON MENTAl OuTcOMES Of A REpORT by ThE ENvIRON ThE RMA MENTAl DEfENcE SOcIETy JuNE 2016 8 BusinessPlus October 2016
“We have skills shortages despite bringing in many skilled migrants basically because our economy BusinessNZ COMMENTARY keeps growing. The shortages are a by-product of By Kirk Hope economic growth - surely a good thing.” We need people with skills and work visas Migration is in the news at present. We of your city or town are students We have skills shortages despite bringing hear concerns about large numbers of paying fees to New Zealand education in many skilled migrants basically because immigrants, especially in Auckland, and organisations, accommodation our economy keeps growing. The about the fact that many low-skilled providers and host families. shortages are a by-product of economic people are getting work visas. growth - surely a good thing. Temporary migrants also come as These concerns have a lot to do with working holiday-makers. This is another The issue of low-skilled migrants business. large group, of mostly young people displacing low-skilled New Zealanders is from Europe, the US and other places. not such a good story. The numbers need to be seen in context. They fill skill gaps in many parts of the Globally, temporary migration is not country, for example, the Christchurch Employers are commonly seeking out of the ordinary. Just about every rebuild and Queenstown’s hospitality employees who are available where the developed country is seeing rapid scene rely heavily on these workers. job is located, who have a driver’s licence, growth in migrants because people are drug-free and have a positive attitude worldwide are more mobile and many Then there are people on essential skills to work. Unfortunately it can be hard to economies are in a state of flux. work visas, employed in New Zealand find such employees in New Zealand, and with skills that are in short supply – or a migrant on a work visa can be a better In New Zealand the rise in immigration not. option. is not out of the ordinary either. New Zealand has always been a country of Addressing concerns What should we do about these issues? high inflows and outflows of people, There are two concerns being voiced There’s no shortage of things we can do often on a cyclical basis – only a few around these. to improve the delivery of skills into the years ago there was huge concern about economy. a brain drain and exodus. The first is that many visa holders don’t have the right skills to address our We should keep improving the targeting The immigration effect is more shortages of high-level skills – in trades, of skills by Immigration NZ and make it noticeable in major cities because technical areas and so on. easier and faster to get in-demand skills that’s where migrants tend to go, and onto Immigration NZ’s skills shortage lists. Auckland’s growing pains are similar to The second concern is that many what’s happening in many other large visa holders are low-skilled and are We should work towards getting a more cities in the world. displacing low-skilled New Zealanders in responsive education and training system a number of occupations. to produce more of the skills we need. Immigration is not a simple, undifferentiated pipeline; there are It’s suggested that our immigration We should reduce the requirements on several ways temporary migrants come system could address both issues by small businesses when seeking to hire a here. better targeting important skill needs. worker from overseas. First, they come as tourists. Tourism is a Immigration does need to provide us We should investigate how to address major earner for New Zealand, making with skills to drive quality economic “willingness to work” issues. us over $10 billion a year and many growth, while helping businesses temporary migrants are simply tourists. manage the transition up the value What we shouldn’t do is clamp down on chain. temporary migrants coming here on work They also come as students. Export visas, because for many reasons in many education (schooling overseas students While the immigration system could be workplaces we need them. here) is another major industry, earning improved – and business would like to us about $3 billion a year. Many young see some changes – the issues aren’t • Kirk Hope is chief executive of people you might see on the streets just about immigration. BusinessNZ. Visit www.businessnz.org.nz BusinessPlus October 2016 9
COMMENTARY Tapping into global expertise Read how Callaghan Innovation helped “Engaging with this expert gave us Methven get the international design answers to our questions, led to a far expertise it needed, without it leaving the greater knowledge of the topic at country. hand, and brought out valuable new knowledge in other associated areas. Methven is a market-leading designer and manufacturer of showers, taps and valves. “The value for us lies in both the quality It is an international business operating and the speed of knowledge gained, in New Zealand, Australia, China, the UK, without our allocating any significant Europe and the Middle East. internal resources. Methven celebrates 130 years of innovation “This has saved us two to three months in 2016 and has recently set out plans to by greatly reducing the need for in- grow the business to $130 million revenue house research and identifying technical by June 2018. risks early on.” In November 2015 Methven approached Methven was awarded a Callaghan Callaghan Innovation for assistance Innovation Growth Grant, co-funding the with a project: the company was company $3-5 million over a maximum investigating new technology to be used in period of five years, to increase its manufacturing its products and engaged investment in research and development Callaghan Innovation’s Global Expert (R&D). programme, which enabled them to speed up their development cycle and get to According to Methven Group chief market faster. decisions about future manufacturing executive David Banfield, investment processes which can be applied to many in R&D is critical for Methven to deliver Callaghan Innovation, through its different processes, ensuring that Methven more ground-breaking products that international networks, was able to find a would remain innovative in the industry. drive value for the business and its technology expert who was the perfect shareholders. fit: someone with the right balance Methven’s senior technology development of technical knowledge and industry engineer, Stephen McCutcheon, says, • Callaghan Innovation is the experience who was able to recommend “The Global Expert service allowed us to Government’s agency aiming to help the best options to Methven. access specialist technical expertise quickly New Zealand businesses succeed and effectively, with minimal time and through technology. Visit www. This enabled Methven to make informed resources expended. callaghaninnovation.govt.nz How well does this magazine keep you informed? It’s a year since we made some changes appreciate your taking a few minutes to in New Zealand and emailed to to EMA’s monthly, free magazine for answer the multiple-choice questions. members in Australia, as part of your members, BusinessPlus, which you are annual membership subscription. reading right now. Our reason for the survey is to ensure the magazine is providing a genuine Thanks in anticipation of your reply So this month, I hope you don’t mind member benefit. when you receive the survey. that we will email you a brief survey to gauge your views of it. I would BusinessPlus is posted to EMA members – Mary MacKinven, BusinessPlus editor 10 BusinessPlus October 2016
COMMENTARY “We like to say we roll out the red By Aileen Lawrie carpet rather than the red tape!” Opotiki – more than farms and shops Recent economic statistics from the eastern beaches, a slower pace of life and a real relations, and Alan McDonald, policy Bay of Plenty back up what many locals community feel. And as a Council we are director, recently travelled to Ōpōtiki to get have known for a long time – Ōpōtiki is the working hard to make it as attractive to a better sense of issues facing members in place to live, work and play. businesses as it clearly is to individuals. regional New Zealand. We like to say that we roll out the red Recent indicators show growth across the carpet rather than the red tape! Aileen says, “That visit was an opportunity primary and manufacturing sectors across to raise awareness of the on-the-ground Ōpōtiki, Whakatāne and Kawerau, which issues for those in the regions, and it “Online consumption is matched with strong growth in incomes was a great opportunity to show off the means that even more and spending across sectors. businesses doing well such as NZ Mānuka businesses can base and OPAC. The chief executive of Ōpōtiki District themselves in the places Council, Aileen Lawrie, says the numbers they choose, rather than “I think people are often surprised at the reflect the excitement in businesses across the places that cities range of industries we have here in town, a wide range of industries. choose for them.” and the opportunities that just abound here. She says, “We have a booming local “But the formula for making that work economy in growth industries like kiwifruit is largely our size – we are a very small “Gone are the days when regional New and the dairy and farming sectors. But we council so the planners know the Zealand was just famers and shop owners have a wide variety of other sectors that consents team and they know the asset – there are opportunities for businesses of also offer fantastic opportunities in the people and the people who are planning all sizes. Online consumption means that district. our infrastructure. We are small enough even more businesses can base themselves to talk and still make things work in a in the places they choose, rather than the “Mānuka products and honey are practical sense rather than get caught in places that cities choose for them. And who spreading wealth into smaller communities red tape.” wouldn’t choose to live in a place like this?!” up the East Coast. Agar is an unusual but growing local industry. Tourism is growing EMA’s staff Mark Champion, general • Aileen Lawrie is chief executive of Opotiki rapidly as well, with visitor nights up more manager of advocacy and gvernment District Council. Visit www.odc.govt.nz than 7 per cent in the last year driven by attractions like the Mōtū Trails. “The high-profile Ōpōtiki Harbour redevelopment will see a local harbour built to service a marine farm operating just 8km off the Ōpōtiki shoreline. The infrastructure we are building will allow the mussels from that aquaculture venture to be processed right here in Ōpōtiki. “We are already well underway planning for the workforce needs for that industry and the associated research, education, infrastructure, services and skills that the industry will need.” Most locals and visitors can see the attractiveness of living and working in Ōpōtiki, with its beaches, bush, rivers and a busy, historic main centre. A conceptual image of the Opotiki Harbour development with “Ōpōtiki is incredibly attractive to people – marina and revived town area (January 2016). BusinessPlus October 2016 11
@ en Mayoral candidates’ debate Se - Auckland Raewyn Brajkovich, Viv Beck and Fiona John King [EMA life member] and Rob Kate Marsh [Auckland Council] and Shane Johnston [Heart of the City] Young [Platform 1] McMahon [NZ Bus] Steve McCrone [Cornwall Strategic] and Chris Farhi [Colliers International] and Susan Warren [Comet Auckland] and Raveen Jaduram [Watercare] Dan Boyd [Heart of the City] Margaret Brown [EMA board] David Vinsen [Imported Motor Vehicle Adre Hodgskin [Architex NZ] and Victor Stuart Stitt, Tracey-Lee Wood and David Industry Association] and Regan Hall Yukich [Eurotec] Bodenham [Fujitsu NZ] [Heart of the City] Colleen Stairmand [EMA board] and Liz Thomas and David Jack [EMA board] Jeremy Hall [Ministry of Foreign Affairs Verity Craft [Intelligent Ink] + Trade] and Paul Sullivan [Cornwall Strategic] 12 BusinessPlus October 2016
“Yet manufacturing is an unsung hero, and its importance is not widely recognised. This is despite COMMENTARY the fact that it employs quarter of a million New By Catherine Beard Zealanders, contributes $12 billion in wages, and earns billions in export revenue every year. “ Manufacturing driving NZ’s economic growth New Zealand’s positive growth story manufacturing’s share has now stabilised Both those trends – part-outsourcing and continues, with the latest GDP figures at a more realistic 11 per cent, similar to global supply chains – reflect our more confirming that the economy is growing that of many other developed countries. connected, mobile world. They don’t mean solidly. The international index (the PMI) which we’re losing manufacturing to “overseas”. measures manufacturing sectors around the Instead, we are creating products in new Even more positive is the role that world shows New Zealand manufacturing ways, making more from our creativity manufacturing is playing in this. The has had an almost unbroken run of and design with the use of new global latest Economic Survey of Manufacturing expansion since the Global Financial Crisis. efficiencies. from Statistics NZ shows very strong growth in the manufacturing sector, with Manufacturing is not a sunset industry – it Myth #4: The future is in manufacturing for the construction sector is stable and growing. services, not manufacturing growing 9.5 per cent and meat and dairy The service industry is growing all around the product manufacturing growing by 8.6 per Myth #2: Food manufacturing world. As countries become richer and more cent over the last quarter (to June). isn’t real manufacturing developed, their consumers spend more There’s a common belief that “hard” on services – information, entertainment, These are outstanding results, and are manufacturing is what matters, eg, financial and many other kinds of services. obviously part of the driver for current machinery, equipment, cars, metal-based GDP growth - manufacturing is having a products, engineered components and But the growth of services doesn’t mean huge impact on how well the New Zealand widgets; and that “soft” manufacturing the end of manufacturing. In fact, what is economy fares. such as bio-based, chemical, nutraceutical, happening is that manufacturing and services food or beverage manufacturing isn’t really are morphing into each other, especially at Yet manufacturing is an unsung hero, and manufacturing at all. more sophisticated levels. High level services its importance is not widely recognised. – legal, financial, accounting, marketing, This is despite the fact that it employs This belief is wrong, because manufacturing computing, etc – are increasingly part of quarter of a million New Zealanders, is a diverse activity that includes all those the makeup of sophisticated manufactured contributes $12 billion in wages, and earns categories and many more. In New Zealand products. And it’s becoming harder to billions in export revenue every year. our climate and abundant natural resources say whether software, a critical part of make food manufacturing a good strategic manufacturing, is even a product or a service. I believe there are a lot of misconceptions choice. This doesn’t mean we don’t excel in about manufacturing, and four myths in “hard” manufacturing – we do. But we have It’s truer to say that the future is in particular mean manufacturing doesn’t particular strengths in food manufacturing, manufacturing and services. earn the credit it deserves. These myths and are on a journey to turn even more of our need busting: unprocessed food exports into manufactured Examining these four myths reveals some food products to reap higher revenues. Food important truths about New Zealand Myth #1: Manufacturing manufacturing is real manufacturing and it manufacturing: it’s strategic, it’s broad- is a sunset industry earns us billions every year. based including both food and non-food The myth of manufacturing’s decline manufacturing, it’s well integrated in the harks back to a previous age when Myth #3: It’s all made global economy, it’s based on the ingenuity manufacturing was a more dominant overseas anyway and creativity that New Zealand is famous for, sector of the economy - but only because These days New Zealand firms often and it’s bringing economic growth. it was heavily protected. Before 1984 outsource parts of the manufacturing manufacturing made up around 40 per process to other countries where The true story of manufacturing in New cent of the economy, however, this was efficiencies in scale and labour costs can Zealand is great news. artificially high because tariffs and import help their competitiveness. They also regulations protected New Zealand goods increasingly take part in global supply • Catherine Beard is executive director against competition. chains, contributing components towards of ManufacturingNZ, a brand of finished products that may be made up of BusinessNZ. In today’s less regulated economy, components from many parts of the world. Visit www.manufacturingnz.org.nz BusinessPlus October 2016 13
EMPLOYMENT By David Shannon “…the key is choosing the right type of employment agreement from the beginning – and putting it in writing.” Avoiding employment traps with employment agreements Employers, envision this nightmare scenario. Briefly, they differ as follows: • Remuneration to be provided, • Options for resolving any employment The manager of a small firm, George, is • A Permanent Employee is employed relationship issues, approached by his neighbour’s son, Mike, for an indefinite period – either full time • Reference to “time and a half” if the who is looking for work and says he is open or part time. Employment will consist of employee is working public holidays, to anything. regular, predictable work patterns until the • An Employment Protection Provision in employee resigns or is dismissed. Provision the event of sale [of the business], transfer George says, “Sure, Mike, come down to the for annual holiday pay and sick and or contracting out, and plant and I’ll put you to work.” bereavement leave, as well as an agreed • A Restraint of Trade provision, if applicable. notice period, must be specified. So Mike arrives, and George sets him to Other clauses that may be included, but general cleaning tasks. Mike works diligently • A Fixed Term Employee agrees to carefully written, could provide for: and satisfactorily for three solid weeks. temporary employment, which ends upon • Deductions from wages for “reasonable expiry of a fixed term, ie, on a date, or after cause”, Once the plant is tidy, George says, a period or event. Such employment must • Prohibition on other employment if there “Thanks, Mike, here is your pay. But we be based on “genuine reasons based on is a genuine reason, and/or won’t be needing you anymore.” reasonable grounds.” • Trial period of employment if relevant. The agreement must state how and why the Here comes George’s nightmare. employment will end. Seasonal employment One of the hot issues in employment is the is the most common example of this, as inclusion of “zero hours” arrangements in Mike replies: “Thanks for the pay, but you there are specific agreed criteria for ending contracts, whereby the employer does not can’t just kick me out. You employed me the employment, but the agreement must guarantee specific hours of work in a week, indefinitely, so I am a permanent employee specify carefully the criteria. but may expect the employee to be available and you will have to give me proper notice of At the end of the term, the employment must for any period up to the full work week. Such dismissal. I did not agree to any temporary or end or a new agreement must be signed. clauses must have genuine reasons for the casual employment arrangement. availability provision and include guaranteed • A Casual Employee has no guarantee hours of employment. Reasonable “You also owe me time and a half for working of work from one week to the next, but compensation must also be paid for the hours Sunday – a public holiday – and I want is engaged “as and when needed”. This of availability that are not actually worked. compensation for the leave I did not get.” is typically useful when the employee is needed for a short period for a specific However, there are consequences if the Mike is correct: if the employer does not purpose, such as Mike’s cleaning work. employer gets it wrong. specify the nature and conditions of This can mean an irregular work pattern, employment, the employee has the right depending on the work demands and the It is usually difficult to get an agreement to assume he/she is being taken on as a employee’s availability. signed after the employee starts, as all kinds full-time, permanent employee with all the It is important to monitor the work to of issues and objections can be raised. rights that adhere to that condition. ensure it does not evolve into a part-time, permanent arrangement with an ongoing There are penalties running into thousands The key to avoiding George’s nightmare is expectation of work. Such a situation is of dollars for an employer who fails to have choosing the correct type of employment often better served with a short, fixed-term an employment agreement in place. agreement from the beginning – and agreement as described above. putting it in writing. And a final word of advice: do not take this Employment agreements article as an authority for drawing up an Employment types At a minimum, an effective employment employment agreement. Refer to your EMA There are three basic types of employment: agreement should include the following: employment lawyer to ensure you get it right. permanent, fixed term or casual. Each has • Names of the parties, different terms and conditions, including • Description of the work to be performed, • David Shannon is EMA’s remuneration entitlements for holidays and other leave. • Location and hours of work, consultant. Email advice@ema.co.nz 14 BusinessPlus October 2016
“Our workplaces are our most up-to-date classrooms, and employers are making a EMPLOYMENT huge contribution to the development and By Michael Burgess deployment of skills in our workforce.” Apprenticeships making a comeback in NZ Consolidation in the provision of trades training in New Zealand has seen the number of industry training organisations (ITOs) reduce from 42 to 11 in recent years. But trainee numbers are growing. These registered, but industry-owned ITOs include the Boating Industries Association of New Zealand Incorporated, the Building and Construction Industry Training Organisation and Competenz Trust. They are responsible for: • setting national skill standards for their industry, After a drop in hiring industry trainees and apprentices around • providing information and advice to the GFC, employment is on the increase. trainees and their employers, • arranging for the delivery of on- and off-job training (including developing per cent of the tertiary budget for tuition engineering professionals (11 per cent). training packages for employers), subsidies ($1.100m), as well as more than • arranging for the assessment of $800m each year in student loans and Auckland has the largest construction trainees, and allowances, according to the Industry workforce requirements in New Zealand, • arranging the monitoring of quality Training Federation (ITF). requiring about 185,000 employees by training. 2021. Occupations that are expected to But as ITF chief executive Josh Williams experience the largest levels of growth Today, 138,000 industry trainees and says, “New Zealand needs skilled workers include project builders (39 per cent), apprentices are being supported to learn to meet the pace of technological change plumbers (38 per cent) and carpenters on the job, receiving just 7 per cent of the and keep up with global challenges. and joiners (34 per cent), according to the tertiary budget, or $180 million. These Our workplaces are our most up-to-date report Future Demand for Construction learners are employed, are paying tax and classrooms, and employers are making a Workers in July 2016 from the Ministry of are economically active. They earn while huge contribution to the development and Business, Innovation and Employment. they learn, and do not require study and deployment of skills in our workforce.” living subsidies through student allowances, A recent survey* of employers in the UK or attract debt through student loans. The New Zealand apprenticeship system is highlighted the following benefits from now open to all age groups. In 2015 there hiring apprentices: The last official count showed almost was a 17 per cent increase in those aged 42,000 people in the New Zealand over 35, reaching 4,650 apprentices; and a Benefits of hiring Agree Apprenticeships scheme - representing a 25 per cent increase in those aged 55-plus. apprentices (%) slightly higher proportion of the workforce Improved product or service quality 72 than apprentices did in 1987 when the The Government’s 2016 Budget will help Improved productivity 68 apprenticeships scheme began to take a support another 5,500 apprentices into Improved staff morale 67 dive in line with growing unemployment training on the job by 2020. Improved staff retention 60 after the share market crash, among other Improved ability to attract good staff 55 factors. Construction-related Brought new ideas to the organisation 54 apprentices in demand Improved image in the sector 49 Apprentices gain a Level 4 national Across New Zealand, demand in Won business 24 certificate after two to four years combined construction-related occupations has been Lowered overall wage bill 19 work and study. projected to increase by 10 per cent or 49,000 *(Source: UK Department for Business, Innovation and Skills) employees by 2021, to a total of 539,500. There are almost as many industry trainees Occupations that are expected to experience • Michael Burgess is a senior policy as there are university students, but the the largest growth include electricians (14 analyst at EMA. 146,000 university students absorb 53 per cent), plumbers (13 per cent) and civil Email michael.burgess@ema.co.nz BusinessPlus October 2016 15
Employment CHAT Coping with health and safety, underpayi Q. I’m dismayed that my managers are “We also have a new health Dear Elliott not taking health and safety as seriously There was a law change last year and safety training game as they should. How can I drive home the specifically designed to manage the importance of the new law requiring us all called WorkplaceSIM that’s exploitative employment practices around to be proactive about these matters? - Dan done online.” immigrants, ensuring they are employed with the minimum legal employment Dear Dan Repeat as often as you need to, that standards such as the minimum wage, five The quick answer is to send them to a employers – owners and managers- have days paid sick leave and four weeks paid training programme here at the EMA a responsibility to protect people from annual leave for full time workers. Also Learning centre in Auckland – some harm caused by workplace hazards. This is because of the kind of thing you are talking programmes are also held in other centres not just a concern for the heavy industrial about. or as one-off webinars, or online courses. sectors; even small office enterprises can We also run tertiary courses resulting in have health and safety risks that could That’s the Immigration Amendment Act NZQA-approved certificates and a diploma. result in prosecution if neglected, or worse, (No 2) 2015, which imposes up to seven cause harm to staff or customers if ignored. years in jail for exploitation of migrant We also have a new health and safety workers or fines of up to $100,000. training game called WorkplaceSIM that’s It might be that a new clause needs to be Employers here on residence visas who done online. added to their employment agreements exploit migrant workers could be deported and those agreements re-signed and re- if offences are committed within 10 years of Whether you want to know how to run printed for both parties. Call our AdviceLine their gaining residence. an effective health and safety committee, to find your local EMA employment conduct an ACC audit, identify and report relations consultants to get help in Tougher search powers were extended to hazards or gain a better understanding of drafting that clause. You can incorporate immigration officers to enter employers’ your legislative requirements, we have a measurements and consequences for premises. programme to suit you. failure to adhere to health and safety practices that are required. Furthermore, this year the Government A separate or simultaneous approach is toughened the sanctions against to make prominent all company policies Q. How will I compete with migrant employers for breaching minimum relating to health and safety, and make the employers who are underpaying migrant employment standards. These include topic top of the agenda at team and other workers? Can I complain about the the possible banning of individuals from meetings, to rub it in. treatment of migrant workers? – Elliott being a manager for serious breaches or H E BEST E T EST T YOU OUR VERY POPULAR W . FO R EMPLOYER GUIDE SERIES .. ISVERY OUR NOW EVEN BETTER. POPULAR EMPLOYER GUIDE SERIES IS NOW EVEN BETTER. A VALUABLE EMPLOYMENT RESOURCE KIT FOR PAYROLL, HUMAN RESOURC A VALUABLE EMPLOYMENT RESOURCE KIT FOR PAYROLL, HUMAN RESOURCES, EMPLOYMENT EMPLOYMENT RELATIONS RELATIONS PRACTITIONERS, PRACTITIONERS, AND THOSE AND THOSE NEW TO STAFF MAN NEW TO STAFF MANAGEMENT. OUR SUBJECT OUR RELATED GUIDES SUBJECT ARE UPDATEDGUIDES RELATED AND AVAILABLE ARE NOW! UPDATED AND AVAILABLE NOW! Discipline and Termination Payroll Essentials ACC Diversity Discipline and Termination Leave Entitlements Payroll UnionsEssentials Health and Safety Drug Testing Recruitment Employees Diversity and Technology Harassment and Bullying Leave Entitlements Privacy Call 09 966 74 74 Health and Safety Drug Testing www.horizonrecruitment.co.nz Employees and Technology Harassment and Bullying ORDER ONLINE WWW.EMASHOP.CO.NZ ORDER ONLINE WWW.EMASHOP.CO.NZ 16 BusinessPlus October 2016
Employment CHAT ing competitors and public holiday pay exploitation of migrant workers. Sunday without their being required “You decide if it’s worth to give a reason. it for your brand and If you witness or have good reason to suspect problems, you can complain to in relation to your They will also be able to take a personal the government agency, Immigration New competitors.” grievance if they are treated adversely Zealand or the Labour Inspectorate at or compelled to work on Easter Sunday. the Ministry of Business, Innovation and Remember to alter or create new Employment, whose Labour Inspectors employment agreements to reflect • By the EMA communications team make sure that workplaces meet at least this. in consultation with EMA Advice, the minimum standards and requirements and loosely based on real calls to of employment law. Or even the police. Yes there is a cost with growth, or EMA’s AdviceLine. All names are selling more. You decide if it’s worth it fictional. Other than that, you have to rely on the for your brand and in relation to your usual practices to compete in business… competitors. The information in this article is a like having a good product/service, good guide only and not to be used as pricing/margins, great branding and Shops have been able to trade on some business advice without further communication including your website, public holidays for a long time – except consultation. great customer service, strictly managed for Easter Friday, Easter Sunday and terms of trade, cash flow…not to mention Christmas Day and the morning of EMA members can start with our free good people! ANZAC Day. You will be referring to the AdviceLine team at phone 09-367 recent law change allowing shops to 0909 or 0800 300 362 (within New Q. Now that we can open shop on public trade on Easter Sunday, as long as your Zealand), and 1800 300 362 (from holidays, this will make leave and rostering local territorial authority allows it. Australia), 8am-8pm weekdays NZ more complex. Will I have to pay more to time; or email advice@ema.co.nz attract people to work on those days? – Rose Recent legislation allows territorial authorities to put in place local policies You can also find information at Dear Rose that will permit shops within their area, www.ema.co.nz such as the A-Z of Yes, when people work on statutory or parts of it, to trade on Easter Sunday. Employing – a manager’s guide on (public) holidays you have to pay them time more than 100 specific employment and a half to meet minimum employment The law also gives all shop employees topics, or the detailed Employer standards. the right to refuse to work on Easter Guides on 12 popular topics. 0800 223 729 0800 www.acepay.co.nz 223 729 www.acepay.co.nz 0800 0800 223223 729729 www.acepay.co.nz www.acepay.co.nz PayrollAce Payroll 0800 223 729 www.acepay.co.nz AceforPayroll Ace Payroll New Zealand New forZealand New Zealand Try it for free Try it for free Acefor New Zealand T r y iTt rfyo ri tf rfeoer f r e e employers. Payroll ployers. employers. employers. for New Zealand Try it for free Take control on pay day with easy low employers. Take ke control oncontrol cost on and pay day software pay day with withgreat easy easy low help lowsupport. desk costandTake control on pay day with easy low software software greatand cost software great helpsupport. help and desk desk support. great help desk support. Take control on pay day with easy low cost software and great help desk support. BusinessPlus October 2016 17
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