The Economic Development, Science, and Innovation subcommittee has released its report on the Commerce Act (Promoting Competition and Other Matters) Amendment Bill. As it goes back to the House for its second reading, Fired Up Stilettos (FUS) is very happy to see one of its key policy platforms, and several other recommendations, will likely soon become law. (ref. https://selectcommittees.parliament.nz/v/6/40e720f9-32c7-452b-64a2-08dec1e20b6a?lang=en )
Since its founding in 2023, Fired Up Stilettos has fought for the right to collectively bargain while maintaining sex workers’ independent contracting status. They have always expressed a preference to be treated as independent contractors, but they say the asymmetric power dynamics between venues and workers mean they are often highly surveilled, controlled, and punished far beyond what could ever be appropriate for an employee–nevermind a supposedly independent contractor. They wanted to collectively demand better treatment from clubs, but doing so risked prosecution. The Commerce Act 1986 prohibited collective bargaining among contractors in almost all circumstances, as it was legally considered cartel-like behaviour. Independent contractors were allowed to apply for authorisation to collectively bargain through the Commerce Commission, but the application fee alone was $36,800, so it was materially impossible for them.
As the Commerce Act (Promoting Competition and Other Matters) Amendment Bill waits for its second reading, Fired Up Stilettos is very pleased to see the Committee integrated several of the suggestions presented by its Chair, Bianca Beebe (begins at 00:19:17). If this Bill becomes law, independent contractors who do not pose a threat of cartel behaviour will be able to pay a relatively low fee (individually or by a third-party entity representing the collective) to simply notify the Commission of their intent to collectively bargain, and then begin doing so if there are no objections. Sex workers have fought for years to get this change over the line, and FUS is proud of how far they’ve come.
However, Fired Up Stilettos maintains the criticism that was voiced by Beebe in the EDSI oral submission, and also reflected in opposition Parties’ viewpoint: declining to include independent contractors in protections against retaliatory behaviour has the potential to create a situation where they have a right in theory but not in practice. FUS says if contractors have the right to notify the Commission to collectively bargain, but lack protection from immediately being fired for doing so, they do not materially have that right. But they also note they understand the concern that contractors having protection from retaliation for bargaining could create unusual distortions in the labour market in other fields. FUS has suggested to MPs from each Party in EDSI that a reasonable compromise might be extending these protections to dependent contractors (like sex workers or courier drivers). This more limited, targeted protection would preserve the intent of the law without risking ramifications to competition. FUS hopes Members of EDSI will take this suggestion back to their caucuses, and they see this change in the second reading.
Quote from Bianca Beebe, Chair of Fired Up Stilettos: “We are very happy the Government saw the blanket prohibition on contractors collectively bargaining was enabling anti-competitive behaviour and eroding freedom of contract. Most independent contractors–regardless of profession–gaining collective bargaining rights under a particularly conservative Government speaks to the power of persistence in political organising, and the importance of finding common ground. We appreciate the Government’s sincere engagement, and the direction of this Bill. We encourage Parliament to support the Commerce Act Amendment Bill through its final reading, though we remain hopeful an amendment will be added to provide a narrow protection against retaliation for contractors who notify the Commission.”
Disclosure: Bianca Beebe is currently a candidate for Opportunity Party, but Fired Up Stilettos is a non-partisan organisation.