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(Image: Archi Banal)
(Image: Archi Banal)

KaiMay 31, 2023

Explained: Hospitality gets the Fair Pay Agreement green light

(Image: Archi Banal)
(Image: Archi Banal)

The passing of the Fair Pay Agreements Bill last year was described as one of the most significant changes to New Zealand’s employment relations landscape for a generation. This week, hospitality workers took a major step towards gaining an FPA of their own.

More than 150,000 hospitality workers and 24,000 employers will be covered by a new Hospitality Fair Pay Agreement approved by MBIE yesterday, six months after their union submitted the application with 1,000 hospitality worker signatures. The approval means hospitality employers and employees now proceed to the bargaining table to work out the nitty gritty details of the final agreement. Hospitality are only the second industry to get the green light so far.

“The problem we have in the hospitality industry is that there is a lack of whanaungatanga between other employers and employees, just due to the nature of it being quite an individualised industry,” says Unite Union co-president and hospitality worker Xavier Walsh. “This is such a huge opportunity to bring everyone to the table – literally.”

Since the introduction of the bill in March 2022, Fair Pay Agreements, or FPAs for short, have been applauded by unions who see potential to improve working and living conditions for those they represent. Meanwhile FPAs have received a near unanimous thumbs down from employer associations who believe they will create additional complexity, cost, disruption and inflexibility. 

Unite Union co-president Xavier Walsh (Photo: supplied)

What are Fair Pay Agreements?

The Fair Pay Agreements Bill passed 76 votes to 43 in its third and final reading in parliament in October last year. Essentially, the aim of these agreements are to create a “floor” of minimum rights for employees in specific industries. An FPA could cover a raft of conditions: wages, guaranteed breaks, holidays, pay increase pathways, secure hours, processes for dealing with bullying and sexual harassment, health and safety, staffing levels, penalty rates, meal allowances and more. 

FPAs will bring together employers and unions within a sector to collectively bargain for minimum terms and conditions for all employees in that industry or occupation. Once a deal has been struck, the parties will sign a legally binding document setting out minimum pay and conditions. 

Who’s included in the hospitality FPA?

The size of the hospitality agreement is pretty huge, with more than 150,000 workers and 24,000 employers involved. While cafe and restaurant workers make up 46% of the total group, the FPA also encompasses accommodation, takeaway food services, catering services, pub, bars, clubs, cinemas and casinos.

Are other industries in line for FPAs too?

Yup, there’s a possibility that the majority of New Zealand workers will eventually be covered by an FPA. Seven worker groups have applied to begin the FPA process. So far, these sectors include security guards, early childhood education, supermarkets, bus drivers, commercial cleaners, stevedoring (dock workers) and hospitality. In March this year, more than 8000 bus drivers became the first group of workers to move to the FPA negotiation table following approval from MBIE.

Hospo workers like baristas will be covered, but so will workers in industries as diverse as casinos and stevedoring (Photo: Getty Images)

Now that this hospo application has been given the green light, what’s next?

Over the next three months, all employer groups, employers and other unions in the hospitality sector will be notified that the FPA process has begun so that bargaining sides can be formed. This will be done manually by the union via phone calls and email, as well as through advertising, explains Unite Union national secretary John Crocker. 

Employers will be required to ask their employees whether they agree to share contact information with the unions leading the process. The unions will then get in touch with those employees who agree, to see how they’d like to be involved in consultation.

Bargaining will begin with unions representing employees on one side of the table and representatives chosen by employers on the other. Within this there is an obligation to ensure representation of Māori employees and employers.

Once employees and employers have reached an agreement, everyone in the sector will vote on it, requiring majority support from both sides. The conditions agreed upon will be vetted independently by the Employment Relations Authority and MBIE to ensure the terms are lawful. Eventually, implementation will happen by way of secondary legislation.

How long is this expected to take?

The next phase will take three months, but once bargaining begins the schedule becomes a little less defined, or as Crocker explains, “bargaining takes as long as bargaining takes – it’s quite open ended.”

How has the employer side of the bargaining table responded?

“We knew this was coming,” says Hospitality Association chief executive Marisa Bidois.“We’re ready to go, to put our application in to be a party at the bargaining.” The next step will be notifying their hospitality business members along with the wider industry to ensure they know what’s happening and what their obligations are.

Bidois has had to carefully consider the logistics of representing such a large and diverse group of employers at the bargaining table. “We want different types of people at the table, we don’t just want a single mould, we want a variety of voices at that initial representation and advisory group,” she says. To ensure they’re reflecting that diversity, they’ve set up an advisory group of 14 people representing a cross section of the industry and have begun surveying employers about their hopes for the process. 

Restaurant Association CEO Marisa Bidois (Photo: Supplied)

So far, hospitality industry associations such as the Restaurant Association have taken an oppositional stance toward FPAs, citing the burden of additional compliance, potential for increased costs and standardisation of employment terms. But Bidois can see some good coming from the process for those she represents. 

“Whenever we have an opportunity to discuss the workplace and the industry, there’s bound to be some benefits that come out of it,” she says. “A lot of us that will be at the table know each other so I feel that there will be some goodwill coming into the conversation. It’s a chance to sit down with unions and employers at the same table, and to negotiate what’s going to be fair for the future.”

What about the employee side?

“This is an opportunity for hospitality workers to engage in a way that they haven’t had before and an opportunity to collectivise, to meet with other hospitality workers, and it gives us an opportunity to expand our coverage,” says Crocker. 

As part of Unite Union’s responsibilities to represent workers throughout the process, Crocker has some concerns about how they ensure they’re reaching all workers. Challenges here include potential language barriers and concerns around the compliance of employers when it comes to passing on information. “The ministry has taken quite a relaxed, high trust approach to this and we don’t think that’s appropriate,” he says. “We would like to see some very strong messaging and enforcement action if necessary from the ministry or the labour inspectorate.”

The relentless news stories of cafes struggling to find staff and ubiquitous “staff needed” posters on restaurant windows reflects a bigger problem that the FPA will help to address, says Unite co-president Xavier Walsh. “What we’re seeing is a lack of continued institutional knowledge and understanding of the industry, which is so important. There are so many hospitality veterans who have so much to give, and yet aren’t getting what they need in order to stay in the industry.”

Walsh points to results in a recent AUT survey which painted a grim picture of the industry. It found 29% of workers in the hospitality industry didn’t get the correct holiday pay and 42% said they didn’t always get the full rest breaks they were entitled to. “What’s really important is that we improve conditions today but remember that this FPA is a platform for future,” says Walsh. “One where we can ensure that everyone has the opportunity to have a legitimate lifelong career in hospitality if they wish.”

Keep going!
Image: Archi Banal
Image: Archi Banal

KaiMay 29, 2023

Why are cafes still charging extra for coffees made with non-dairy milk?

Image: Archi Banal
Image: Archi Banal

There are myriad reasons why an increasing number of us are opting for dairy alternatives in our coffee orders – and that comes with a hefty fee.

It’s such standard practice that most of us, in our daily caffeine-hungry haze, probably take it for granted. If you’re lactose intolerant, trying to avoid dairy for environmental reasons, vegan or just prefer the taste of, say, coconut milk, it’s likely you’re accustomed to paying a rather hefty additional fee for your coffee order. In fact, coffee lovers across the country who forgo dairy are likely to be handing over an additional 50c to a dollar to make the swap from cow’s milk to soy, almond, oat or coconut milk. So how fair are these additional charges?

There is, of course, a very simple financial reason behind why cafes so often charge more for alternative milks: non-dairy milks tend to be at least slightly more expensive than cow’s milk. But whether that warrants the steepness of the charges you’ll find listed on the menu at your local cafe is debatable. 

While not a completely accurate reflection, as cafes are likely to buy in bulk, if you take prices of milk from the supermarket, a one litre bottle of Anchor blue top milk costs $3.09, whereas one litre of Boring Oat milk costs $5 – a $1.81 difference between the two. A litre of milk makes around six flat whites, which means that an additional 30c charge per coffee would likely be enough to cover the increased cost – significantly less than the 50c (often a full dollar) standard, not to mention that when you order a coffee with alternative milk, you’re paying on top of a price that presumably has the cost of dairy milk worked into it. 

It’s admittedly a rare find, but not every cafe in the country charges this extra fee for alternative milks. Since opening in November last year, Brother Cafe in Hawke’s Bay has charged customers exactly the same no matter which milk they order from their varied lineup. Whether you go for almond, macadamia, oat, soy, coconut or cow’s milk, you won’t pay a cent more.

Brother Cafe owner Halle Evans explains that she incorporated the charges into her business planning from the beginning. “Alternative milk is far more expensive, don’t get me wrong,” Evans says. “But because I planned it this way from the start, I was able to sink that loss and cover it by mixing those costs into other products instead.” 

Her reasoning is twofold: partially it came from a discomfort around charging those with allergies or intolerances more than those without, as well as a desire to make sustainable choices more accessible to her customers.

“I’m not intolerant to dairy, so it’s not something that really resonated with me in that sense,” she says. “I just thought, I don’t think it’s really fair to charge people if they do have an intolerance, it just didn’t sit right with me to do that.” 

Beyond that sense of solidarity with lactose-intolerant flat white lovers, Evans likes the idea that by removing the barrier of cost, she might tempt those who ordinarily choose cow’s milk to consider other options that might be more sustainable.

Evans estimates around 40% of Brother customers opt for alternative milks. “The number of alternative milk coffee sales we do, I could make a lot of money if I charged more,” she says. “It’s a constant debate between my accountant, my husband and me, but I’m just standing really, really firm that it’s not something I’m ever going to charge for, and I’ll never change.”

Halle and Bryn Evans at their cafe Brother (Images: Supplied)

Lactose intolerance affects more of us than you might think. Primary lactase deficiency, which is the main cause of lactose intolerance, is thought to affect around 8% of New Zealanders, and with substantially higher rates among people of colour, including Māori, Pasifika and southeast Asian peoples – arguments have been made overseas that alternative milk surcharges are inequitable because of this ethnic disparity when it comes to lactose intolerance. 

While alternative oat milks might often cost more to buy in pure monetary terms, there’s a more philosophical question around whether the social and environmental “cost” of dairy compared to alternative milks could or should be considered within that equation of how much customers are charged for their coffees.

Overseas studies have found that the carbon footprint of cow’s milk is around three times that of plant-based milks. But that’s not to say plant-based milks are without their own pitfalls. While evidence has shown plant-based milks produce lower greenhouse gas emissions than cow’s milk,​​ the environmental footprints vary wildly between these cow’s milk alternatives. For example, the growing demand for soy, which is mainly used for animal feed rather than milk, is driving deforestation in the Amazon. And then there’s almond milk, which uses more water than soy or oat milk, with a single glass requiring 74 litres of water.

Morgan Maw, who founded Boring Oat Milk, says there’s space to think more holistically about the price we pay for alternative milk in our coffees. “When it comes to food, the true cost, and those hidden costs which include greenhouse gas emissions, food waste, cost to human health and animal welfare, that stuff is never taken into account in terms of what’s represented in the retail price that you see on the shelf,” she says. “I would love it to, but in a capitalist world that’s just not how it’s done.”

Local research commissioned by Boring Oat Milk and The Agricultural and Marketing Research and Development Trust and released earlier this year found that oat farming releases just 7% of the greenhouse gases emitted by dairy farming per litre of milk, and that land use for farming oats is more efficient, with oats using 70% less land than dairy to produce a litre.

Founder of Boring Oat Milk Morgan Maw (Image: Supplied)

Bottles of Boring’s oat milk sit at the higher end of the price pecking order among both dairy and alternative milks, something Maw puts down largely to economies of scale. “In terms of the actual cost of the product itself, and the cost of it to cafes, a lot of it is down to the fact that dairy has been around for decades and has so much more technology and just the pure scale that’s in it,” she says.

And while other oat milks might sometimes cost less than a dollar more than dairy options, and therefore be more accessible, Maw explains that there’s a fine line between making the product cheaper and forgoing on other values, pointing to Boring’s use of more expensive New Zealand oats rather than oats imported from Australia, the company’s use of pricier PET packaging over cheaper but less sustainable Tetrapack, along with the relatively small size of the operation. 

Beyond simply relying on cafe owners removing fees, it’s at a structural level that Maw believes real change needs to occur in order to see prices eventually come down.

“In an ideal world, before it even gets to the cafe, all foods would have a system where it does take into account that true cost to human health, animal health and environment,” Maw says. She thinks of it in terms of excise taxes on alcohol, or the way sugar taxes have been introduced overseas.

“It will be interesting to see in the next 10 years, as plant-based milks become more developed and mature, what that does in terms of the price,” she adds. “So much change comes from consumers themselves – the more they buy of a certain product like plant-based milk, the more you’re able to make, and then you get those economies of scale, and efficiencies that allow it to come down in price.”

Some cafes that currently charge more for alternative milks are beginning to reflect on whether change is due. Tom Worthington is the owner-operator of two cafes in central Christchurch. At both spots, Tom’s and Estelle, customers can switch their coffee order from the standard dairy milk to either oat or soy for an extra 80c. Those 80 cents have been weighing on Worthington’s mind lately though – especially since he reckons around half his customers order their coffee with alternative milks.

“It is hard out here,” Worthington says of the hospitality industry, “and I will always be OK with someone’s decision to be charging extra for something that does cost more.” But looking forward, Worthington can imagine our coffee culture shifting to a place where a more holistic and complex equation for milk costs is normalised and where being charged extra for alternative milk might become a thing of the past. 

“Perhaps us cafe owners are a bit stuck in the habit of charging extra,” he says. “It could be time to have a good think about why we are.” 

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Gabi Lardies
— Staff writer