Primary and secondary school teachers staged a series of strikes over their pay claims in 2023. Photo: RNZ/Jordan Dunn
The government wants school teachers to give more notice before they strike.
It is consulting on a proposal to increase the minimum notice of a strike from three calendar days to three working days or to at least seven calendar days.
A Cabinet paper said the effect of teacher strikes on students had increased in recent years.
"This impact has been a problem since around 2018, when school strikes became more frequent.
"Since 2018, there have been two consecutive bargaining rounds for primary and secondary school teachers, which have been long and difficult with many strikes," the paper said.
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It said school strikes had large impacts on student health and learning and on family members who might have to miss work and potentially lose income to look after children.
"Extending the notice period would provide more time for schools to make arrangements to potentially keep their school open for teaching or supervision during a strike, and may also provide more time for parties to enter mediation or facilitation to work out a solution ahead of the strike.
"It may also allow parents to make alternative arrangements, mitigating some of the impact of strikes on students, parents and whānau, while still allowing teachers to strike."
Teachers staged strikes across the country in March 2023. Photo: RNZ / Finn Blackwell
The paper said under the Employment Relations Act, employees must give notice before striking, but for most industries no minimum notice period was specified.
It said some essential services had minimum notice requirements and for areas including water supply and public health it was 14 days.
"The Ministry did not consider changing the notice period to 14 calendar days' notice (or making schooling services an essential service), which is what essential services such as health services must give.
"While I consider that schools are essential, strikes by teachers are usually publicised ahead of the formal notice through communication channels including school website updates, newsletters, and emails.
"While more time would be beneficial, the Ministry does not consider this needs to be as much as 14 calendar days," the cabinet paper said.
Teachers during the March 2023 strike in Wellington. Photo: RNZ / Samuel Rillstone
The Post Primary Teachers Association said it supported changing the requirement to "no less than three days" as a reasonable balance between the interests of schools and parents, and the rights of its members.
"Already, PPTA practice is to provide principals with preliminary notice of intent to take industrial action that would require alternative arrangements to be made for students. This was the case for the entire 2022/2023 collective agreement negotiations round.
"This preliminary notice is given well in advance of the strike action, and usually shortly after members have been advised of the results of the strike ballot.
"It is not unusual for the action to be signalled to schools a half term in advance after the vote to take it has been confirmed," the union said.
An early childhood teacher during a strike march in Nelson. Photo: RNZ / Samantha Gee
The NZ Educational Institute - which represents teachers mostly in the primary sector - said it already advised schools about planned strike action well in advance of strike days.
"As an example, ahead of the strike day on 16 March 2023, we had written to school boards on 9 March 2023 to advise them informally about the details of the strike. This was well ahead of the date of the formal strike notification, which happened on 13 March 2023," it said.
The union said strike notification legislation for schools should require "no less than three [calendar] days" notice.
"It is pragmatically sensible for all sides involved that the strike notice period in the Education and Training Act be clearly expressed as a minimum notice period," it said.
"However, we disagree that there is a need for legislative intervention in terms of mandating for a longer notice period."
RNZ asked Minister of Education Erica Stanford whether the change was proposed because the government was expecting an industrial dispute.
She said in a statement the Ministry of Education had received concerns from school boards that the current three calendar days' requirement was too short.
"The Ministry has also received concerns from parents, caregivers, and whānau about the impact strikes have on childcare, and on students who may lose important days of learning," she said.
Consultation on the proposal closes on 6 September, with any change introduced late in 2025.
