Judith Collins

Defence Minister Judith Collins
Photo: RNZ / Samuel Rillstone

The government has introduced new legislation to let the Chief of Defence Force sign off on having uniformed staff fill in for striking civilians.

Soldiers cannot take industrial action, but civilians employed by the Defence Force can.

In December, Defence Minister Judith Collins signed off on having soldiers cover for colleagues including security guards and firefighters who were working to rule.

This included things like refusing overtime, taking combined breaks and stopping any work at heights or off-site.

In a statement on Thursday, Collins said the new bill would enable that to happen over more than 14 days without the government having to step in.

“The Minister of Defence had to seek a resolution from Parliament to ensure uniformed personnel could continue to conduct the work of striking civilian staff for a period longer than 14 days. This meant decisions were vulnerable to the availability of Parliament and risked sensitive information being publicly disclosed,” she said.

“The ability and right of NZDF civilian staff and public service employees to take industrial action remains. But these changes ensure the security of New Zealand, and the safety of New Zealanders, endures while civilian staff exercise their rights.”

She said the authorisation was something that was not taken lightly, but “when required, it should be practical in its application”.

If authorisation was granted under the new regime, it would be informed by operational and legal advice from NZDF, Collins said.

Unions in December said the use of the power was an extraordinary move attempting to undermine the strike.

Since then, the government has also passed legislation reintroducing pay cuts for workers who use partial strikes.

This includes things like working to rule, which is where employees only carry out the duties contractually required of them.