In November 2025, FENZ dropped a 260-page document that affected more than 700 positions and more than hundreds of roles to be disestablished.

The NZPFU and PSA filed an urgent action last year in a bid to stop the restructure claiming FENZ had failed to consult in accordance with the provisions of the collective agreement.

Today, the Employment Relations Authority (ERA) released its decision finding that FENZ failed to consult in accordance with the collective agreement provisions, that it failed to consult on whether change should occur or at a time when the Unions could influence an outcome, and failed to consult in a manner driven by a desire to reach consensus.  It also found FENZ’s conduct breached the obligation of good faith.

The ERA said of FENZ’s conduct:

“These are not the actions of an employer who is being active and constructive in establishing and maintaining a productive employment relationship that involves being responsive and communicative with the other party to the employment relationship, which in this case is the Unions.”

So what does this mean for the restructure? 

The NZPFU and PSA are calling on FENZ to do the right thing and shelf the restructure.  Any progression of the changes would be unlawful due to the failure to consult.

Failing to consult is not just a technical contractual issue.  It goes to the heart of making decisions about whether change is needed, and if so what is the most sustainable change to achieve the stated purpose.  Those that do the work are the ones that can properly identify what needs to be fixed and how it should be fixed.

FENZ has been on a roller-coaster of restructures since its establishment in 2017 with some restructures to undo the damage done in previous restructures.  Some have had their roles affected or disestablished more than three times – the madness has to stop.

We are calling on the Government to intervene and demand the Board and Executive Leadership Team are brought into line.

It is time FENZ directs its energy and attention to the dire crisis that FENZ is in and focus on what needs to be done to have the capacity and capability to undertake its statutory functions under the Fire and Emergency Act 2017, and to do so lawfully and constructively. 

It is time FENZ starts treating our members with respect which starts with working with the Unions.

The ERA found that the restructure document demonstrated that the detail meant that the idea was fully formed and there was no opportunity for unions to influence on whether change should occur.

“When the clause is read in that way FENZ cannot have made extensive efforts to engage with the Unions about the proposals. Significant work was undertaken to work up the plans for each Branch to the point they were signed off by Mr Gregory and the Board. Although it is permissible for an employer to have a fully developed plan prior to engaging in consultation, it is not realistic to think that the Unions could influence in any significant or meaningful way the plan that was disseminated as the proposal for change in November 2025.

The redesign of the organisation that was undertaken and the plan to embed change that involves changes to approximately 700 roles and over 150 redundancies set out in the consultation document illustrate how advanced the thinking was. This undermines the prospect of meaningful consultation with the Unions in accordance with the words in the consultation clauses.”

FENZ evidence at the ERA was that they only sought to consult with Unions after feedback from throughout the organisation had been received and then only on that feedback.

“I find that FENZ has breached the consultation clauses in the collective agreements with the Unions by not consulting on a proposal early enough to allow for consultation on whether change should occur and the reasons for 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.”

Despite the Unions filing an urgent application late last year, FENZ marched on with its process including wanting to commence discussions on how people would be selected for surviving positions.   It was only after an interim decision from the ERA that found an undeniable obligation to consult that FENZ paused the process pending the outcome of the ERA Determination received today.

FENZ has repeatedly refused to consult in accordance with the collective agreement on a range of matters and we now have a decision that sets out clearly that their conduct was in breach of the collective agreement, and in breach of the obligations of good faith not to mislead or deceive and to maintain a productive employment relationship.

“I find there has been a breach of the statutory obligation of good faith by FENZ. It accepts the consultation document should have referred to the Unions and has said this will not happen again. The timing for the release of such wholesale and significant change for the same time as both Unions were tied up with other legitimate activities is not conduct that can be said to be aimed at maintaining a productive employment relationship.”

The Union thanks Delegate Peter Hallett, who served as an NZPFU witness and was instrumental in presenting the issues on behalf of our CRR and RR Advisor/Senior Advisor members.

In unity,
Wattie Watson
National Secretary