Charter school legislation violates international labour rights, say unions

The new charter school legislation breaches international labour laws, say teaching unions NZEI Te Riu Roa and PPTA Te Wehengarua.

The two unions have lodged a complaint with the NZ Council of Trade Unions (NZCTU), who have written to the International Labour Organisation (ILO) on their behalf.  

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The letter states that two parts of the Education and Training Amendment Act 2024 violate ILO Convention 98, Article 1, which states workers maintain the right to be protected against discrimination for joining a union or undertaking union activities. Employers cannot stipulate conditions against workers for joining unions, and they must not dismiss or otherwise penalise workers for joining a union or engaging in union activities. 

Under new charter school legislation, employees of a school which convert to the charter model will no longer be covered by their collective agreement. 

The legislation also prevents unions from initiating collective bargaining with more than one charter school. The letter states “This provision severely limits the freedom of association and the ability to engage in collective bargaining, rights currently enshrined in both New Zealand law and international labour standards.”  

The letter of complaint to the ILO comes after North American teacher unions wrote to the Minister of Education, Erica Stanford, and the Associate Minister of Education, David Seymour about the charter school legislations’ violation of international law.  

President of the USA National Education Association, Rebecca Pringle, wrote “excluding charter schools from MECAs (Multi Employer Collective Agreements) undermines collective bargaining effectiveness, potentially resulting in lower wages and benefits for charter school employees.” 

PPTA Te Wehengarua president Chris Abercrombie noted that the government “Breaching international labour conventions in this way is being noticed around the world, adding to international concerns about the integrity and credibility of this Government.”  

Stephanie Mills, national secretary for NZEI Te Riu Roa added that collective agreements are important for pay, but also classroom release time and cultural leadership allowances. 

“These are important conditions that allow teachers to plan lessons for ākonga that recognise the culture knowledge kaiako bring to the job. These are things people have collectively fought for through bargaining and they make a positive impact on the learning of our students.”  

The global union federation Education International is also supporting the ILO complaint, submitting a letter of support to ILO.  

“Global education workers have recognised the need to shine a light on the erosion of New Zealand teachers’ working rights and fight against legislation which seeks to discourage educators collectively advocating for quality education,” said NZEI Te Riu Roa.  

New Zealand ratified ILO Convention 98 in June of 2003. 

The full submission by NZTU to the ILO can be read here.  

The Term 4 edition of School News is out now. Read it HERE.