Source: Radio New Zealand
FENZ proposed in November last year to cut 140 positions and make changes to 700 roles. RNZ / Paris Ibell
The Employment Relations Authority found Fire and Emergency (FENZ) breached good faith and its duty to consult under its collective agreement with unions in how it handled its restructure proposal last year.
FENZ proposed in November last year to cut 140 positions and make changes to 700 roles.
Of these, both the Public Service Association (PSA) and New Zealand Professional Firefighters Union (NZPFA) said 97 non-firefighting roles would go, and 66 significantly changed.
The ruling released on Wednesday found FENZ did not consult early enough to allow for consultation on whether the change should occur and the reasons for the change.
“After consultation commenced, FENZ has not demonstrated it engaged with the unions motivated by a desire to reach consensus or used genuine effort to respond to the views of those being consulted, when the unions communicated with FENZ about its views on the process FENZ had adopted,” said the ruling by authority member Sarah Kennedy-Martin.
She found that FENZ breached its statutory obligation of good faith, saying the timing of the release of the consultation document happened when PSA was tied up with bargaining, and NZPFA was having its annual conference.
Kennedy-Martin said this was not conduct aimed at “maintaining a productive employment relationship”.
The authority member said all parties agreed that the issue of compliance orders could be reserved, and FENZ indicated it would consult with the unions in accordance with the authority’s conclusions.
In a statement to RNZ, FENZ acknowledged the decision.
“We acknowledge the findings that we could have done more in regards to consulting with the unions. We are now considering the findings and working through what this means for our next steps”.
Unions vindicated, want to see FENZ and govenrment commit to no job losses
NZ Professional Firefighters Union secretary Wattie Watson. RNZ / Samuel Rillstone
PSA’s national secretary Fleur Fitzsimons said the ruling was damning for FENZ, and a significant victory for all FENZ workers.
“FENZ worked up a sweeping restructure in secret for months, then gave unions 24 hours’ notice before dropping it on the whole organisation including during the NZPFU annual conference and while PSA bargaining was under way. The authority has confirmed that was unlawful,” she said.
“What we now need to see is FENZ and the government take this proposal off the table, to commit to investing in FENZ, and to guarantee that no one will lose their job,” said Fitzsimons.
The roles affected by FENZ’s proposal included critical expertise, such as training for firefighters and volunteers, and roles helping communities understand fire prevention work, said Fitzsimons.
“These job losses are dangerous for all New Zealand,” she said.
NZPFU’s national secretary Wattie Watson said the madness of the restructure had to stop.
The union said some workers have had to live with the uncertainty of their future employment repeatedly, during FENZ’s rollercoaster of restructures since its establishment in 2017.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
