The NZPFU has filed an application in the Employment Relations Authority (ERA) challenging FENZ’s right to impose the Code of Conduct on NZPFU members and challenging the content of that Code.
On the 10th July 2024 FENZ CEO Kerry Gregory notified all staff that the new Te Tikanga Code of Conduct had been implemented. The NZPFU has never supported the introduction of code as it was unilaterally drafted and designed, has serious implications for the work records, livelihoods and security of employment for our members and therefore should be mutually agreed, that FENZ failed to consult in accordance with the collective employment agreement and we challenge the way in which Te Reo and concepts have been used in this way.
The NZPFU is strongly of the view that the issue has never been the Standards of Conduct documentation or requirements, but the issue is the lack of a fair, transparent, efficient and effective complaints process. We do not know of any instance where the previous standards of conduct were claimed to be unclear or unusable. In contrast, the new code of conduct framework includes numerous documents and relies on concepts such as “values” which are not clear and will be dependent on the individual and the circumstances.
The NZPFU notified of a dispute in July but FENZ refused to work through the Disputes process in the collective agreement. It has been a common theme for FENZ to ignore and attempt to bypass the collective agreement consultation and dispute provisions leaving us no option to litigate.
We understand that FENZ has removed the prior Standards of Conduct and is attempting to force the new Code on all complaints regardless of when the alleged behaviour or conduct occurred. If the event, behaviour or conduct complained of occurred before 10 July then the previous Standards of Conduct (attached) applies. Employees can only be held to account to the standard that applied at the time.
The ERA challenge is likely to take time to work through so any NZPFU members notified of allegations against them should contact the union for advice and support.
Further, we understand that some Managers are attempting to force our members into undertaking training on the new Code of Conduct. FENZ DCE People Janine Hearn has previously confirmed by email that there is no requirement to undertake the training and that attendance or non-attendance will not be used for any assessment or performance criteria.
In unity,
Wattie Watson
National Secretary
