Fire Service Application to Appeal Employment Court Decision Granted
The Court of Appeal has granted the Fire Service’s application to appeal the Employment Court decision regarding Days in Lieu.
The Court of Appeal has granted the Fire Service’s application to appeal the Employment Court decision regarding Days in Lieu.
Members, particularly in Manukau District, will be aware the Local used the Official Information Act to request details of all transfers over the last two years in Manukau District.
Auckland Local members are advised of the following situation that has been developing at Waitemata Fire Station.
After strong representation and putting the matter into dispute, Mike Hall has advised the Union he will restore, long term, the status quo in regard to the paying of Gratuities on leaving the Fire Service.
The Auckland Local met with Management on 17 October for a further presentation of the new 400 series Fire Safety modules.
In an Instruction to the Senior Management Team of 17 October 2005, Mike Hall has unilaterally overturned an at least 30 year established custom and practice regarding the qualifying criteria for the payment of a Gratuity on leaving the Fire Service.
Agreement has been reached with the Fire Service on issues arising out of the new requirement for B.A. Fillers to now undergo externally driven training and certifying as an Approved Filler.
The Auckland Local has been made aware of harassment tactics being employed by various Chief Fire Officers and Deputy Chief Fire Officers, in relation to the Union’s stance that unapproved members must not fill cylinders because they are not legally allowed to as they would be subject to substantial penalties and because the Union is pursuing an allowance for said work.
The Union has been advised that the Court of Appeal will hear the Fire Service’s Leave to Appeal application on 14 November 2005.
Members are advised that because the District CFO’s have washed their hands of organising alternative Cylinder filling arrangements the following has been organised by your Local to ensure the safe and effective operation of the Fire Service in Wellington.
As noted in previous newsletters, the Union had raised the issue of a qualification payment for the “Approved Filler” qualification.
Members will be aware of M Halls whole of country e mail Friday 30 September 2005.
The Fire Service’s decision to appeal the Employment Court’s decision has meant no further discussion of the implementation of that decision. The initial step in the appeal process is that the Fire Service has sought leave to appeal. It is expected this hearing will be held reasonable quickly. If leave is granted by the Court to appeal on all or any of the grounds set out, it would usually be some months before the substantive hearing was heard in the Court of Appeal and a decision given. The Union is considering whether to oppose the Leave to Appeal application. The Union is aware that a number of members have applied to take Days in Lieu so far accumulated. As a consequence, the Fire Service has advised they intend to apply to the Employment Court for a Stay of Proceedings until the appeal process is completed. Acting on legal advice, the Union will indicate to the Employment Court at this Application for a Stay, that it will abide the decision of the Court. If such a Stay is granted, this would have the effect of freezing the use of Days in Lieu. The Union and the Fire Service have agreed that a Joint Memorandum will be put to the Court of Appeal asking for as much priority as possible to be given to the resolution of this matter. The Union does not know at this stage when either the stay of proceedings or the application to seek leave to appeal will be heard, and members will be advised when dates are known. APPROVED FILLERS – B.A. The Union has formally communicated its position to the Fire Service and sought urgent negotiations on the payment of an allowance for the obtaining of this outside certified qualification.
This election is clearly going to be a tight race. The outcome will have significant implications for firefighters.
The Union understands that because of changes in the Compressed Gas Regulations of the HSNO Act, as from 1 October 2005 the only person able to re-charge B.A. Cylinders will need to be an ”Approved Filler”.
Members will be aware that since the Employment Court decision, the Union has been meeting with the Fire Service in an effort to work through some issues that have arisen as a consequence of the successful outcome of the Court case.
Attached is the Report of the Working Party established out of the 2003 Collective Agreement settlement to consider matters related to Superannuation and the access or otherwise to Total Remuneration Packages.
Members are advised that the Auckland Local Annual General Meeting will be held on Thursday 22 September 2005.
A preliminary meeting was held on Thursday 1 September between Mike McEnaney, Derek Best and Mike Hall to commence discussions on the implementation of the Employment Court’s decision. The Union outlined a number of key positions:
Following on recent Branch Elections – the following is now the makeup of the Union Committee.
A preliminary meeting was held on Thursday 1 September between Mike McEnaney, Derek Best and Mike Hall to commence discussions on the implementation of the Employment Court’s decision.
The T.V. series of two years ago is finally available on DVD. The eight T.V. shows are recorded on a 4 DVD set. The set will cost between $32 and $48 plus p & p, depending on how many people wish to purchase it.
In a decision issued late yesterday, the full Court of the Employment Court has found in favour of the NZPFU’s claim that its members are entitled to take another working day off for each public holiday worked. The decision means that all members are now owed significant numbers of days off, which have been unlawfully denied to them since 1 April 2004, when the new Holidays legislation came into force.
1. Days in Lieu Court Case Some 13 weeks after the completion of argument in front of a full bench of the Employment Court, the Union still awaits the determination of the Court.
Members will be aware that recently a member was allowed to apply for a promotion without having met the minimum requirements for that promotion as described in Part 2 Clause 1 Progression of the Current Collective Agreement.
Members are advised that the Wellington Local AGM will be held on: 16th August 2005 at Thorndon Fire Station at 1830 hrs. Remits will be called for, discussed and voted on. Successful remits will be taken to the national conference.
The Union has been advised that a serious breach of security occurred during the end of June, which allowed private details to be available to anyone accessing National Headquarters G Drive on NHF2 from any Station computer.
The Union is concerned to see a deal of both misinformed and misleading information being circulated on this matter.
It would appear that Brigade Management wants to remove four long-standing positions for firefighter relievers that have been attached to each watch at City Station.
The Fire Service has advised the Union of Regional Seminars being held to discuss Absence Management.
Members are advised that at a recent meeting of the Local Executive, the subject of members being promoted by management’s use of Section 66 Fire Service Act. A lot of work and investigation was undertaken by a sub committee. It was agreed that there is no real need in Wellington, being a large brigade, with no shortage of officers, to have members promoted in this manner and that any shortfall in staffing should be covered by overtime by the occupational class where any short term vacancy may exist. The Local therefore recommends to its members that they decline any invitation to be promoted using the Section 66 part of the Act. If any member is approached by management to accept a promotion under section 66, members are advised to contact their Local representatives for further advice.
Northern Branch Officials Mike McEnaney and Athol Conway have met with Regional Management for Auckland and have been able to reach a suitable agreement regarding Management’s commitment to ensuring at all times Minimum Shift Manning will be maintained.
On Saturday 7 May, Howick 321 rode a firefighter short.
Officers are reminded that when submitting the Watch Business Plan, they are to work closely with their crews. Your crew members are expected to be part of achieving these targets, so their input is essential.
Please note that effective Monday 11 April 2005, the Northern Branch Office of the N.Z.P.F.U. has moved to new premises at Unit 7, 44 William Pickering Drive, Albany.
It is with regret, that I inform all members of Allen Barr’s resignation from the Auckland Local Committee.
Members should be aware of what is transpiring in the Auckland Local and in fact across the country with consistent attacks on MSM (minimum Shift Manning). Members are encouraged to go to www.nzpfu.org.nz and read for themselves the debacle that Auckland regional management are creating. Wellington local members are advised that we are under attack also.We too have CFO’s and Regional Managers that do not value MSM and as a result are willing to put fire-fighters and public in danger due to short crewing.
Regional Manager McGill and his fellow Chief Fire Officers Edwards, Wood and Ellis are now consistently placing your safety and the public’s safety at risk.
A lack of clear leadership from Regional Manager McGill, and creative interpretation by Vince Arbuckle, Director of Human Resources, was not going to prevent Senior Firefighters from being able to attend Station Officer exams today.
Recently members have queried the Union’s position regarding Senior Firefighters acting up as Station Officers.
Members will be aware that Regional Manager McGill has been preventing staff from fully crewing fire engines in the Auckland Brigade.
All Officers should seek answers to the following questions from your CFO/DCFO at your next Officers Meeting.
In discussion with Regional Manager McGill on the morning of Thursday 27 January, Regional Manager McGill informed me that he was unwilling to act on the provisions within the Hours of Work Policy (exceeding the prescribed hours of work in emergency situations).
Members are no doubt aware of the death of Bill Andersen.
After putting out Auckland Local Notice ALC-05-12 dated 24 January, the Auckland Local has received correspondence from Regional Manager McGill.
On Saturday 22 January, Brigade Management were prepared to compromise your personal safety when they prevented Roster Officers from enacting the process laid down in the Hours of Work Policy in order to assess if the only remaining staff who were able to work but would have exceeded their hours in doing so, could work and thereby maintain MSM.
Recently there have been instances of members departing from accepted operational practices for various reasons
This Notice is to inform members in the Auckland Local that on Monday 17 January the formal Physical Competency Assessments were commenced.
Members are advised that this Local strongly recommends that when they seek stand in’s i.e. jumps, that they only ask people employed under the Uniformed Operational Collective Agreement.
Further to yesterday’s Newsletter that reported in detail on the Fire Service’s actions in this dispute, the Union has now been advised that the Court of Appeal has set 14 March 2005 to hear the Fire Service’s appeal.
The Union was surprised and disappointed to learn of the decision by the Fire Service to appeal the Employment Court decision that dismissed the Fire Service’s application to strike out our case.
Members will be aware that the Local Executive committee interviewed 10 Applicants who wished to re join the Union. From those interviews, 8 people were recommended by your Local Executive for membership. Subsequent to this, it was agreed to have a secret ballot so that members could endorse the committee’s recommendations. The Fire-fighters recommended for acceptance are as follows.
A very successful 16th Annual Conference was held in Christchurch 23 – 25 November.
Members will be aware of the recently distributed whole country e-mail regarding hours of work.