Workers who remained, or rejoined the union, reported receiving effective advocacy and support from the union. These workers shared that exposing migrant exploitation was seen as detrimental to their community’s reputation. Similarly, in August 2023, Radio NZ reported accusations (denied) that a charity supporting migrant workers was “threatening to withdraw its help if the workers [spoke] with the media”.110 There are options in Aotearoa for migrant workers to join trade unions that are structured to specifically address migrant worker rights. These unions adopt special features that respond to the unique issues associated with migrant workers. This includes new models of advocacy that do not require a migrant worker to have union membership prior to an issue arising (a rule that is common in trade unions). Migrant workers unions have been prominent in raising the issues of exploitation publicly and organising support to migrant workers facing difficult economic circumstances, for example organising a food bank for redundant works over Christmas 2023.111 The Commission heard of a positive example of an employer who is working constructively with a migrant union to protect the rights of migrant workers. This employer demonstrated a positive approach to facilitating genuine opportunities for their employees to exercise their freedom of association. This includes having employment agreements with unions covering migrant workers. The Commission spoke to some workers in this company who spoke positively of their employment experience. They reported no request to pay an employment premium, and no issues with receiving their contracted hours and minimum entitlements such as holiday pay. They also reported receiving decent pay rates appropriate to their skills and the structure of the AEWV scheme. The development of relationships between the business and unions that protect migrant worker rights are commendable and should be seen as an example of how parties can meaningfully respect human rights and give effect to the UN Guiding Principles. Problem: Workers are being pressured to not exercise their right to freedom of association, for example being pressured to not join a union or cancel their membership. Opportunity: Aotearoa has unions who specialise in assisting migrant workers and which provide good services. Additionally, we have an example of an accredited employer working constructively with a migrant union to provide a positive framework for migrant worker protection. Recommendations: • Government: Explore opportunities to work closer with migrant worker unions as an effective means of support and prevention of migrant exploitation. Encourage business to form constructive relationships with migrant unions. • Business: If your business does not have a current union relationship consider forming relationships with migrant worker unions and present membership as an option for migrant workers. • Community organisations: Provide information to workers about migrant worker unions and ensure that workers feel confident in joining and remaining members of unions if they choose to do so. 110 See https://www.rnz.co.nz/national/programmes/morningreport/audio/2018900742/charity-accused-of-silencing-workers 111 See https://www.nzherald.co.nz/business/ele-collapse-massive-foodbank-drive-for-hundreds-of-laid-off-workers/3U72OVWHRB HAVKMIYH244MPZI4/ 27