PSA takes legal action against MBIE over flexible working
Photo:
RNZ / Samuel Rillstone
A union has filed legal action over what it says is the Ministry for Business, Innovation and Employment's disregard of existing flexible work arrangements protected under the union's collective agreement.
MBIE has recently introduced a new flexible work policy intended to align with the government's directive to restrict flexible work arrangements for public service workers, including reducing days working from home. That directive is also subject to legal action by the Public Service Association (PSA).
The union has filed proceedings with the Employment Relations Authority (ERA).
"Cracking down on flexible work is the wrong approach from employers in 2025," said PSA National Secretary Fleur Fitzsimons.
She said the PSA originally raised objections to MBIE's flexible work guidance in June 2025, but attempts to resolve the dispute through mediation had failed.
"MBIE hasn't been willing to backdown, leaving the PSA with no choice but to take this step to protect the rights of MBIE staff included in existing agreements," she said.
She said MBIE could not just change existing agreements which were protected under the collective agreement.
"The collective agreement binds MBIE to supporting flexible work, so its new policy is simply unlawful. We are seeking a determination from the ERA that MBIE is violating the 'flexible by default' approach which forms part of its collective agreement with members," she said.
The PSA was hoping the ERA would allow the MBIE case to be joined to the broader case against the Public Service Commission.
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