As the dispute at the Ports of Auckland drags on into its 11th month, the commission said that based on its work to date, there appeared to be work practices and behaviours in some ports that were impeding productivity and innovation.
In its 310-page report, the commission takes a swipe at trade unions operating within ports.
"Those same factors may be jeopardising progress towards improved health and safety standards and increased workforce diversity. The commission is seeking further information and evidence about any such practices and their implications."
Ports of Auckland is threatening to sack about 300 workers, all belonging to the Maritime Union of New Zealand (Munz) and rehire them as contractors in an effort to increase the port's productivity.
In return, Munz is seeking better job security and a much lower pay rise than the one being offered by the port.
The dispute has become a focal point for changing labour relations in New Zealand.
The commission says that at the heart of modern, high-productivity workplaces are effective employer-employee relationships based on mutual trust, shared values and shared commitment to common outcomes.
It appeared to the commission that existing workplace practices were deeply rooted in history and in the nature of the work on the waterfront in eras long past.
"Most have little relevance in today's environment and legal or institutional settings."
The parties to workplace relationships were the employer and the employees, or the representatives of the employees. Responsibility for establishment and maintenance of constructive and productive relationships could not rest with either party alone, the commission said.
Governance and management of ports had to be examined as a potential factor when relationships persistently fell short of those required for effective and efficient operation of port services.
"Governance of unions is also like to be a factor," the commission said.
Improving the governance of both ports and unions could remove stumbling blocks to improved workplace relationships and productivity performance.
Impediments to competition could reduce the efficiency and long-term viability of New Zealand ports and undermine broader competition policies and legislation, the commission said.
Council of Trade Unions secretary Peter Conway said the commission's report was flawed, as well as biased.
"We had hoped the commission would not go down the same track as the 2025 Task Force but it looks like that was a forlorn hope."
The bias was shown by a series of criticisms about working practices at ports with no effort to seek an alternative view except for one meeting with the CTU, he said. Many employers had been consulted and quoted widely but to the knowledge of the CTU, none of the unions was included.
The flaw in the analysis was that while the commission said effective employer-employee relations where key to productivity, it then opted for systemic institutional change to legislation on the registration of unions, union collective bargaining and the role of the Employment Court.
The commission also "clearly supported" casualisation of the workforce and at least partial privatisation of ports, Mr Conway said.
While some employers claimed they had experienced problems in their dealings with unions, other employers reported very effective and productive relationships with the same unions.
"This shows it is not a systemic problem," he said.
BusinessNZ chief executive Phil O'Reilly said the report deserved consideration by the Government.
"Also of particular note are the recommendations around improving employee relations to promote better trust, shared value and outcomes and more productive workplaces."
