Code of Conduct
Members are advised the NZPFU does not accept the new code of good faith that was unilaterally implemented by FENZ.
It is the NZPFU’s position that the Standards of Conduct policy is the policy that applies as FENZ cannot unilaterally change terms and conditions of employment.
FENZ has missed the point completely – it was not the Standards of Conduct policy that is the issue – it is the way that complaints were received and managed (or mismanaged) and the failure to apply those standards consistently across management as well as staff.
FENZ released their finalised Code of Conduct yesterday distributing it publicly far and wide despite known challenges from the NZPFU and other unions. Once again FENZ did not provide it to unions first, or inform us that it was about to be released. FENZ’s People and Workplace Relations branches are not in communication with the union on matters that affect our members jobs and terms and conditions of employment. They clearly do not recognise the obligations to act in good faith under the Employment Relations Act, or the contractual requirements including the right to consult
It is the NZPFU’s view that FENZ not only failed to consult with the NZPFU but that the code impacts the security of employment and therefore is a condition of employment and must be agreed. It is the NZPFU’s position that the unilateral imposition of the code is unlawful.
Further, the clause relies heavily on “values” which is highly problematic as the interpretation of those “values” are different depending on the person and circumstances. We see significant problems where members are accused of breaching “values” which are not clear or determined and what that means for them and the complainants. We do not believe that the code as released complies with various requirements of the Employment Relations Act including the obligation of good faith and personal grievance provisions.
We are also seeking advice on whether the use of Maori concepts and language are being used appropriately in the circumstances.
Kiwisaver deductions and overtime on public holidays remuneration
The NZPFU’s lawyers have corresponded with FENZ and their legal representatives on the issues of the compulsory employer contributions for Kiwisaver where FENZ contributes to other superannuation schemes (e.g. FireSuper) and FENZ’s unilateral decision to restrict the reimbursement of underpayments made for working overtime on public holidays to February 2017.
The detail of these issues are canvassed in the previous National Notices which can be read here:
- FENZ OWES NZPFU MEMBERS MILLIONS IN UNPAID WAGES AND UNPAID KIWISAVER CONTRIBUTIONS
- COMPULSORY EMPLOYER KIWISAVER CONTRIBUTIONS UPDATE
National President Ian Wright and I met with FENZ CE Kerry Gregory and acting Boards Chair Ruth Dyson this week on a range of matters and requested that FENZ withdraws the 22 July deadline for options to remedy the Kiwisaver issue. The NZPFU specialist lawyer for this issue has also requested that deadline not be invoked.
The NZPFU advises affected members not to make any changes to their Kiwisaver status or notify FENZ in accordance with that letter until we have been able to provide advice on the legalities of the situation, their rights going forward and what has to happen to rectify the situation. We are expecting that advice early August 2024.
The NZPFU lawyers have also notified FENZ’s lawyers that any payment correcting the underpayments for working overtime on public holidays back to February 2017 received by members will not be accepted as full payment. FENZ has stated that the remediation payments will be paid to employees on 24 July and they will provide a detailed breakdown of the basis of those payments. The NZPFU has questioned whether the 6-year limitation applies in the circumstances, and the date on which FENZ has said it applies from.
The Employment Court Decision which found that FENZ was not paying the correct rate for those working overtime on a public holiday also allows for either party to bring the matter of remediation back to the Court. The NZPFU will take that option if the matter cannot be resolved informally.
The NZPFU has notified FENZ of breaches of the obligations of good faith under the Employment Relations Act.
Bargaining
The NZPFU and FENZ are in mediation tomorrow in an attempt to reach agreement for a Bargaining Process Agreement. While there are agreement on some matters there are about 6 outstanding issues that the parties have not been able to resolve.
Depending on the outcome of the mediation bargaining is scheduled to commence next week.
The NZPFU has actively sought agreement for dates through to mid-December to be set down so that bargaining is not unduly delayed. Of significance is the agreement to bargain in blocks of 2-3 days which is a marked improvement on the bargaining in 2021 and 2022.
Members will be updated on bargaining issues at the Annual General Meetings in August.
Annual General Meetings
In accordance with the Rules the Local Annual General Meetings are to held in August. These meetings will be an opportunity to update members on the bargaining including claims and responses. It may also be used as an opportunity for any ballots the National Committee think necessary at the time.
The National Office is currently finalising a schedule for AGMs to ensure the National and Branch representatives can attend every AGM. We are just checking flight and other logistics and hope to circulate that schedule with Locals over the next couple of days. We will also hold a virtual meeting with Local representatives next week to provide more information.
In unity,
Wattie Watson
National Secretary
