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New Zealand through the Department of Labour and the Kingdom of Thailand through the Ministry of Labour (hereinafter referred to as “the Participants”)
Desiring to strengthen their growing economic and political relationship as reflected in the Closer Economic Partnership Agreement between New Zealand and the Kingdom of Thailand;
Sharing a common aspiration to promote sound labour policies and practices in New Zealand and Thailand, to promote closer and greater cooperation, and to improve the capacities and capabilities of both countries, including non-government sectors, to address labour matters;
Committed to the pursuit of sustainable development as well as recognising its interdependent and mutually reinforcing pillars - economic development, social development and environmental protection;
Recognising further the benefits of sound labour policies and practices in promoting sustainable economic development, improved living standards and working conditions;
Renouncing the use of labour laws, regulations, policies and practices for trade protectionist purposes;
Respecting the sovereign right of each country to set labour policies and standards and to enforce labour laws and regulations;
Acknowledging the legitimate comparative advantages that may arise from different natural resource capacities or social or economic factors;
Affirm their intention to work together to promote sound labour policies and practices and Decent Work as defined by the International Labour Organisation (ILO) and, as a basis for a bilateral partnership founded on dialogue and consensus, have reached the following understandings:
1.1 The Participants reaffirm their obligations as members of the ILO, including their commitments under the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up.
1.2 Each Participant will work actively to ensure that its labour laws, regulations, policies and practices are in harmony with internationally recognised labour principles and rights.
1.3 Each Participant will ensure that its labour laws, regulations, policies and practices are not used for trade protectionist purposes.
1.4 Each Participant will not seek to gain trade or investment advantage by weakening or derogating from its labour laws and regulations.
1.5 Each Participant will promote public awareness of its labour laws, regulations, policies and practices domestically, and endeavour to ensure that the processes and institutions for the operation and enforcement of its labour laws and regulations are fair, equitable, and transparent.
2.1 The Participants recognise the importance of cooperation in order to help achieve their aspiration to promote sound labour policies and practices and the Shared Understandings of this Arrangement, and to strengthen their broader bilateral relationship.
2.2 Taking account of the prevailing laws and regulations in their respective countries, and subject to national priorities and available resources, the Participants will jointly decide cooperative labour activities in areas of mutual interest and concern.
2.3 Cooperative activities may be in areas including but not limited to:
2.4 These activities may be implemented through a variety of means, such as the exchange of best practice and information, joint projects, exchanges, visits, workshops and dialogue, including in relation to international labour forums and matters. The funding of cooperative activities will be decided by the Participants on a case-by-case basis.
3.1 The Participants establish a Labour Committee comprising senior officials of their government agencies responsible for labour matters. The Committee will meet within the first year of the date of entry into effect of this Arrangement and subsequently thereafter as mutually decided by the Participants. Unless the Participants decide otherwise, the venue for meetings will alternate between the two countries.
3.2 Each Participant will designate a national focal point at officials’ level to facilitate communication between the Participants concerning this Arrangement.
3.3 The Labour Committee and national focal points may exchange information and coordinate activities under this Arrangement between meetings using email, video conferencing or other means of communication.
3.4 The functions of the Labour Committee will include:
3.5 In carrying out its work the Labour Committee may consult or seek the advice of non-government sectors or relevant experts in each country and may decide to invite their attendance at meetings of the Committee.
3.6 Each Participant will provide an opportunity for the members of its public or domestic non-government sectors to submit views or advice to it on matters relating to the operation of this Arrangement.
3.7 Where any differences arise between the Participants over the interpretation or application of this Arrangement, the Participants will endeavour to resolve the differences through consultation within the Labour Committee. If a Participant seeks a meeting of the Labour Committee to assist in resolving any such differences, the Labour Committee will meet as soon as practicable and no later than 90 days following the request.
3.8 The Ministers responsible for this Arrangement in each country will meet at least once within the first two years of the operation of this Arrangement and otherwise as mutually decided with a view to reviewing the operation of this Arrangement and resolving any differences not able to be resolved within the Labour Committee. The Ministers may seek a report of the Labour Committee to assist in their deliberations.
4.1 This Arrangement will not legally bind the Participants.
4.2 This Arrangement will come into effect upon signature.
Signed in duplicate, at ………………………. on this …………. day of ………………. in the year of …………in the English language.
| For the Government of New Zealand |
For the Government of the Kingdom of Thailand |
| (Jim Sutton) for Minister of Labour |
(Sora-at Klinpratoom) Minister of Labour |
