NZEI Te Riu Roa has laid a complaint with the International Labour Organisation (ILO), and contends two parts of the new legislation violate international law: one which ‘extinguishes the rights of educators to maintain their collective agreement’ if their public school converts to a charter school, and the second which it says prohibits unions from initiating multi-employer collective bargaining.

The legislation puts profit-making ahead of both children’s education and teachers’ rights, according to Stephanie Mills, national secretary of NZEI Te Riu Roa.

“We fundamentally oppose this privatisation of public education because we, alongside most New Zealanders, believe that public investment and Government effort needs to prioritise building a quality public education system that benefits all mokopuna in Aotearoa,” Mills said. 

The complaint is supported by PPTA Te Wehengarua, with global union federation Education International also backing the stance via a letter of support to the ILO this week. The letter cited the need to “shine a light on the erosion of New Zealand teachers’ working rights”.

‘No less favourable overall’

According to the Government, staff in state schools converting to charter schools will be transferred on terms and conditions which are ‘no less favourable overall’.  

However, it concedes there will be some terms and conditions that will need to be met in different ways.

“For example, there are some study awards and grants (and related leave) that only teachers in state and integrated schools are eligible for. In those cases, the sponsor will need to find alternative arrangements,” it notes here.

Following conversion, charter schools “may vary these terms by agreement with employees”, it adds.

The Labour/NZ First Government abolished charter schools following the 2017 election, but in the 2024 Budget, the Government allocated $153 million for 15 new and 35 converted charter schools over four years.

The announcement drew widespread criticism from the sector.

NZEI Te Riu Roa argues solid partnerships and fair collective bargaining relationships between unions and governments are a feature of high-performing education systems globally. 

“Collective agreements are important for pay, and most people agree that teachers do a tough job and should be paid for it,” Mills said.

“They’re also important because they allow for things like classroom release time or cultural leadership allowances – these are important conditions that allow teachers to plan lessons for ākonga or that recognise the cultural 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.”

Meanwhile, PPTA’s ‘wholesale rejection’ of charter schools remains in place, albeit earmarked for discussion in upcoming paid union meetings.

The union stated the conversion of state schools to charter schools posed an ‘even bigger risk’ than the last time charter schools were introduced in 2014, with some of its members now caught up in the shift.

“Members’ jobs will be at risk as the schools will likely be forced to ‘close’ and all positions disestablished and/or transferred upon conversion.

“Students who are taken from the rolls of state schools also take away funding that goes to that school, leading to a loss of funding for teachers, teacher aides, learning support and more,” the union stated.

‘Come to Jesus moment’ for PPTA

Yet Associate Education Minister, David Seymour, has said the PPTA is softening its stance on charter schools. 

Recently Seymour welcomed the union’s decision to put a proposal to members to change its constitution and allow membership of teachers who work in charter schools.

“The PPTA has had a ‘come to Jesus’ moment on charter schools. This is a major departure from the union’s previous position and shows they’re finally accepting the reality of charter schools,” Seymour said.

“When charter schools were introduced last time round, the unions were steadfast in banning their membership from working at charter schools.

“They even went as far as preventing charter school students from participating in area sports competitions or accessing services shared with state schools for offsite education.”

Including charter school teachers also means that the union can initiate single employer collective bargaining with the sponsor, Seymour said.

“Unions will not be able to initiate multi-employer collective agreement bargaining for charter school staff,” he reiterated.

“Multi-employer collective agreements would affect charter school sponsors’ level of influence over the types of terms and conditions offered to their employees, and could therefore influence the flexibility the schools can provide in teaching and other aspects of school operations.”

Seymour said that charter schools are “all about improving outcomes for students”.

“…Flexibility is essential for this as it will drive an increase in innovation and choice within education, meeting needs and expectations of students, and increasing the quality of education.”