BARGAINING CANNOT BE DONE BY EMAIL

In November 2024, the NZPFU and FENZ were required to attend facilitated bargaining. The last facilitated bargaining meeting was in February 2026. Post that bargaining, the Employment Relations Authority has communicated with the parties a number of times. 

In early March, FENZ CE Kerry Gregory informed the NZPFU that FENZ was working up a new offer.  That was followed with FENZ asking the ERA to set down more dates for facilitated bargaining, The NZPFU accepted facilitation dates for March expecting FENZ to present their offer – why else would they seek to have facilitated bargaining revived.   The ERA was also of that understanding but upon checking FENZ claimed they expected the NZPFU to provide a new offer.  Those earlier events were: FENZ NOW REFUSING TO PROVIDE A NEW OFFER

Recently, the Employment Relations Authority has been in communique with the parties.  The ERA proposed the parties consider a process where both FENZ and the NZPFU exchange by simultaneous correspondence their respective full revised bargaining positions, and then for the parties to then assess whether the Employment Relations Authority is required to facilitate bargaining with the aim of producing a settlement proposal.   

The NZPFU National Committee of Management has responded to the Authority’s proposal with the following:

The National Committee has met and carefully considered your way forward.

As you are aware the NZPFU has repeatedly through bargaining and facilitated bargaining walked through the issues that need to be part of a collective agreement or resolved through bargaining.   We have also put up a range of options to try and find a way forward on pay structure issues, but these were rejected by FENZ without any adaptions or counter options proposed.   FENZ has not put up any offer, proposal, or solution during facilitated bargaining.    Chief Executive Kerry Gregory wrote to the Union in March stating that FENZ was working up a new offer, but it is yet to be produced.  FENZ has not provided any reasonable grounds  for not producing it. 

We note FENZ has suggested an exchange of positions in writing through the ERA.   As FENZ has previously requested the Member make recommendations and make those recommendations public, it appears that FENZ’s proposal is an intention to conclude the bargaining by having the parties provide positions without any further discussion enforcing their view public recommendations are made which they think will be in line with their position. 

Even if the ERA was not intending this exchange to result in recommendations, we are not convinced the exchange of positions by email directly,  or through the Employment Relations Authority,  will be a fruitful or constructive way forward.   The NZPFU is averse to bargaining by correspondence as any proposal should be provided in bargaining so that it can be fully discussed and negotiated.   We need to be in the room to actually negotiate – something we do not think has really occurred at all in facilitation.

Importantly, much has changed or occurred since the parties last met in bargaining, and since bargaining commenced:

• There is debate about impact of the new settings and levy base applicable from 1 July 2026.  The difference between FENZ’s forecasting of the expected impact in revenue and the advice to Government is vastly different.           
  
  
• There have been public sector settlements that are not consistent with the “guidelines” from Treasury and the Public Service Commission.  FENZ has been adamant those “guidelines” are immovable and has refused to work with the NZPFU to put our case for different mechanisms or framework for settlement.         
  
  
• There has been an Employment Relations Decision on the effect of the NZPFU consultation clause.   FENZ has accepted that Decision which will have an impact on matters affecting consultation in the bargaining.           
  
  
• FENZ is continuing its path of a restructure,   which directly affects roles covered by the collective agreement and has flow-on implications for other members, examples include impact on emergency response, safe systems of work and firefighter training.           
  
  
• FENZ has now confirmed it is reneging on the “in principle agreement” to increase the ratio of firefighters and communication centre dispatchers necessary to maintain minimum crewing.  FENZ has started to drive down the number of career firefighters in Auckland.     Additionally, FENZ has commenced or indicated commencement in projects that will impact emergency response and safe systems of work.            
  
  
• There is a Parliamentary Select Committee Inquiry into the management of FENZ’s fleet that has heard substantial evidence on the dire state of the fleet.  Through that Inquiry Members of Parliament have made commentary on FENZ’s failure to provide clear, unambiguous, and correct information.  Safe and reliable appliances are relevant to the bargaining,  as is the issue of FENZ failing to provide accurate information.           
  
  
• The Board Chair Rebecca Keoghan has been replaced with new Board appointee Raveen Jaduram.   Minister Brook van Veldon has publicly being critical of the Internal Affairs oversight of FENZ  in her explanation of why a new Board Chair was appointed.  The Minister has also been critical of the information FENZ has provided including the information FENZ provided in its  case for the increase in the levy.   The NZPFU is seeking to meet with the Board Chair when he takes up his position.

The above are all matters not only relevant but central to the bargaining context therefore requiring discussion – not emails.  

We urge FENZ to return to bargaining, facilitated or otherwise, to present their offer, and to come for full and frank discussion on current circumstances with a view to negotiating a settlement.

FENZ is finally under increased scrutiny with the issues our members have been raising for years finally being heard and understood.

The landscape has changed and FENZ is finally being held accountable on some matters.

It is long overdue for FENZ to meet with the NZPFU for the purposes of bargaining – they say they have a revised offer – present it at bargaining.

In unity,
Wattie Watson
National Secretary