Source: PSA
The PSA will file legal action today with the Employment Relations Authority alleging Te Puni Kōkiri breached its collective agreement by excluding the union from the latest restructuring decisions.
The plan could cost a further 27 roles at the already gutted Māori development agency. The PSA is seeking a compliance order from the Authority to stop Te Puni Kōkiri from proceeding with the restructure until it properly consults in good faith with the union.
“There has been a clear breach of Te Puni Kōkiri’s obligation to consult the union before dumping restructure plans on workers – another disappointing example of a trend that is becoming all too common across the public service,” said Jack McDonald, Te Kaihautū Māori for the Public Service Association Te Pūkenga Here Tikanga Mahi.
“Last week we asked Te Puni Kōkiri to withdraw the restructure, but it refused – leaving us with no choice. Proper process is not optional – it’s the law and we expect all agencies to adhere to their legal obligations and operate in good faith.”
Te Puni Kōkiri sent the PSA a vague email on 9 February flagging a restructure, then immediately instructed recipients to keep it confidential. It then went completely silent for more than a month.
On 19 March, the PSA was handed a 46-page restructure document that had been worked up entirely without union involvement. The union was told not to share it with members. The very next day, on a Friday afternoon, Te Puni Kōkiri released it directly to staff and gave them just seven working days to respond.
“That is not consultation – it’s a fait accompli. The collective agreement requires the union to have an adequate opportunity to be genuinely involved in restructuring decisions, not to be handed a done deal and told to like it.
“Te Puni Kōkiri has tried to portray the union as acquiescing to the process. That is wrong. The PSA did not acquiesce and at no time had an adequate opportunity to be involved in a manner that complies with the collective agreement.
“This is the same playbook we saw at Fire and Emergency NZ, where the PSA and the Professional Firefighters Union had to take legal action to stop a restructure rammed through without proper consultation. The Authority found FENZ had breached its obligations.
“The Government is standing by while agencies ride roughshod over their legal obligations in a relentless drive to slash costs and jobs. It should not take legal action to force agencies to follow the law. But until the Government stops pressuring them to cut at all costs, unions will have no choice but to hold them to account.
“These proposed cuts would bring total job losses at Te Puni Kōkiri to more than 100 – about a fifth of the workforce. The Crown’s ability to meet its Te Tiriti obligations and deliver for Māori is being dismantled in a systematic and deliberate way.
“The PSA will do everything in our power to stop this latest attempt to downgrade this agency and further undermine the important work to reduce Māori social and economic disparities.”
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The Public Service Association Te Pūkenga Here Tikanga Mahi is Aotearoa New Zealand’s largest trade union, representing and supporting more than 95,000 workers across central government, state-owned enterprises, local councils, health boards and community groups.
