The Fire Service’s response to Union Newsletter 6/2003 – e-mail Friday 9 April – simply restates the Fire Service’s position as it was before the enactment of the new legislation.
The Union’s Newsletter is based on a comprehensive analysis of the new Act and the significant changes that are introduced.
On the expectation that the Fire Service would not meet the new obligations under the Holidays Act 2003 and would not meet its obligations under Clause 2.7.1 (c) of the Collective Agreement –
“The parties recognize that at the time this Agreement came into force, the government had introduced new legislation governing holidays. When these provisions come into force, the Fire Service will be required to demonstrate compliance with the intent and entitlements of the new legislation” -
the Union on 8 April 2004 filed a “Statement of Problem” with the Employment Relations Authority. A copy of this Statement was hand delivered to the Fire Service on Tuesday 13 April.
A copy of the Statement is attached to this Notice for members’ information.
This initial Statement is for the purpose of mediation, which is almost always a prerequisite to proceeding on to formal hearings.
The Statement is specifically related to the Day in Lieu issue.
The matter of the appropriate rate of pay for working on a Statutory Holiday will be pursued in the same matter, but as a separate case.
The Union notes the very many members who made claims as per Notice 6/2004 and sees this as very successfully highlighting the existence of this overall dispute.
Further information on the progress of this matter will be provided as the matter progresses.