NEW STRIKE NOTICES FOR DIFFERENT STRIKE DAYS AND TIMES
Yesterday the NZPFU wrote to Kerry Gregory setting out our concerns with FENZ’s attacks on our membership through its attacks on the union, the fact there are currently no plans to get back to bargaining, and warned that the current path FENZ appears to be on will have disastrous impact on emergency response to the New Zealand community.
We proposed the parties meet in a neutral forum where both parties would be free to articulate the issues and goals of both parties as a first attempt to work on the relationship so that the big ticket items can be tackled constructively.
“We propose a hui in a Marae setting, preferably on a Marae. We request that FENZ Executive Leadership team and the NZPFU National Committee attend in a confidential forum to not only listen but hear the perspectives of each other. Given the breadth of issues (not restricted to matters that impact on the bargaining) likely to be discussed, the NZPFU is open to this being a two-day hui.”
The NZPFU NCOM has previously proposed a way forward for bargaining which was rejected outright by CE Kerry Gregory. Yesterday’s proposal is in the context of last week’s Employment Relations Authority Determination which was highly critical of FENZ’s conduct in its push for a wide-ranging restructure that would affect every aspect of the organisation. The ERA found:
“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.”
Last Wednesday the Employment Relations Authority (ERA) released a significant Determination that FENZ had failed at every hurdle of its obligations to consult with the NZPFU and PSA appropriately about the restructure, and had breached the obligations of good faith by acting in a manner which was not active or constructive in establishing and maintaining a productive employment relationship with the Unions.
The NZPFU and PSA had filed an urgent application late last year after FENZ dropped a 260-page document in November that directly impacted 700 roles and would have seen more than 150 positions disestablished. The ERA found that even if FENZ had sought to consult with the Unions in November it would have been too late to meet the requirements of consultation as FENZ’s plans were so fully formed that there would be no opportunity for the Unions to have a genuine opportunity to influence whether change should occur, that FENZ did not conduct itself in any way to demonstrate it was motivated to reach consensus and that FENZ had breached the obligations of good faith.
Go to ERA rules FENZ breached good faith for NZPFU’s previous notice which includes a copy of the ERA Determination.
Post the ERA Determination, CE Kerry Gregory wrote to all staff FENZ would be “working through the next steps to move the consultation forward, which will include engaging with unions to discuss what the findings mean for the organisation and their members”.
FENZ is yet to reach out to the NZPFU.
The ERA Determination regarding the restructure arrived the day after FENZ had bizarrely requested ERA to revive facilitated bargaining and then refused to attend. FENZ had proposed 30 and 31 March dates to the ERA which the NZPFU had accepted only for FENZ to claim it would not confirm its availability until the NZPFU had withdrawn all industrial action, agreed to pause any future industrial action and that facilitation was for the NZPFU to produce an offer to settle. As the NZPFU would not agree to the ultimatums FENZ has walked away from the facilitation it requested.
There are currently no dates for bargaining – facilitated or otherwise – proposed.
The NZPFU NCOM is trying to find some way to work towards getting back to bargaining for constructive discussions.
We cannot settle the collective agreement when we are not around the table. FENZ as an organisation is stuck in limbo until FENZ is willing to constructively and genuinely engage with the NZPFU.
We will keep members informed of any response from FENZ.
NEW STRIKE DAYS AND TIMES
In the interim we continue to issue strike notices. The Union is required to provide FENZ with at least 14 days’ notices of strikes and we continue to do so in the hope that the notified strikes will pressure FENZ to change its mind and meet with the Union as proposed above, and hopefully agree to further bargaining.
We have been holding full stoppage strikes on Mondays and Fridays from 12 noon.
We have now given notices of different days of the week and strike times.
Currently, the NZPFU has issued notices for the following strikes:
- Friday 27 March full stoppage from 12 noon to 1pm
- Monday 30 March full stoppage from 12 noon to 1pm
- Wednesday 1 April full stoppage from 12 noon to 1pm
- Wednesday 8 April full stoppage from 7.30am to 8.30am
- Friday 10 April full stoppage from 12 noon to 1pm
In unity,
Wattie Watson
National Secretary
