Easter Period - Public Holidays, Court of Appeal and Appointment of Non-uniformed Employees to Fire Region Manager Positions
Members are reminded of the following information regarding working over this Easter period.
Members are reminded of the following information regarding working over this Easter period.
Since August 2005 the position of Chief Fire Officer, Auckland City East Fire District has been undertaken on a temporary basis due to CFO Wood’s secondment and subsequent promotion.
The Union is increasingly concerned at the length of time the Fire Service is taking in filing its case on appeal to the Court of Appeal. The Fire Service has 6 months from the date of being granted leave to appeal to file its case. Leave to appeal was granted in November 2005. Members will recall that as part of the appeal process, the Fire Service applied to the Employment Court for a stay on the Employment Court Decision until determined by the Court of Appeal. As part of that process, the Union did not oppose the application (the Union did not support it either), but simply agreed to abide the Decision of the Court. This position was adopted subsequent to discussion and agreement with the Fire Service that they would process their application to the Court of Appeal with urgency. Clearly the Fire Service is not proceeding with urgency, and the Union has formally notified the Chief Executive of its concern and asked him to honour the agreement made. Members Leaving the Fire Service a) Days in Lieu Members who have left the Fire Service subsequent to 1 April 2004 will be entitled to payment for Days in Lieu accrued, if the Union wins its case. Administration arrangements for this will need to be agreed. b) P.C.A. Allowance The Fire Service initially adopted a position that any member who had completed the P.C.A. but left the Fire Service prior to the P.C.A. payment date – 26 April – would not receive the P.C.A. Allowance. The Union disputed this position and the Fire Service has now agreed to pay the allowance to such members, provided they make the appropriate claim at the time of leaving. Transferring Public Holidays to Other Dates There still appears to be some confusion over the application of Section 45 of the Holidays Act for the last Christmas/New Year period. The Union’s understanding was outlined in two Newsletters – 22 December 2005 and again on 10 February 2006. Section 45 of the Act provides inter alia – If Christmas or New year’s Day:
A Working Party within the Auckland Local has been set up to deal with the current issues of aerial placement.
At the Auckland Local Meeting on Friday 3 March, the following resolution was passed by the Committee.
Members will by now be aware of the circumstance surrounding the house fires in Raumati South, which destroyed the dwelling of Thorndon Firefighter Stephen Hudson and his family.
Members will by now be aware of the circumstance surrounding the house fires in Raumati South, which destroyed the dwelling of Thorndon Firefighter Stephen Hudson and his family. The Union now refers to the “111 Response Accurate” release on Firenet in the name of Ian Pickard, presumably still there as a taunt to Union members and Stephen.
On Friday 24 February the Union met with Regional Manager Turek to discuss the aerial appliance placement options.
Members will not be surprised to hear that Regional Management, Mr Kennedy and now Mr Butzbach are continuing to ignore the long standing 1st alarm response of sending two pumps to vegetation fires in the fire season.
Level One Jacket1. Sizing
The Union is aware that the Fire Service has released a Notice Initiating Bargaining by the P.S.A. for some Fire Service employees. The Notice has a coverage clause of: “Non operational/support staff, VSO, Fire Safety and Training Officers:- Administrative and office staff;- Management positions not covered elsewhere.
Management has recently distributed to City, Parnell and Otahuhu Stations a number of options regarding future aerial appliance placement.
Members are advised that the Wellington Local has been unsuccessful in requests to management to raise the 1st alarm response to vegetation fires to two pumps during the vegetation fire season.
(Officers and Fire-fighters) are asked to advise the secretary of the Wellington Local if they would be interested in a fixed term secondment to Paraparaumu Fire Station.
Because Christmas and New Years Day fall on a Sunday, the Holidays Act provisions regarding the “Mondayizing” of these Public Holidays once again apply.
There have been a few enquiries regarding delivery of the 2006 Diary. Supplies of the Diary should be with Locals next week.
The Union held its 2005 Conference in Tauranga 22 – 24 November 2005.
Members are reminded of the pitfalls of undertaking project work for Districts and Region which culminate in submissions.
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.