Professional firefighters battle in court against Fire and Emergency NZ restructure

Wednesday, 19 August 2020

FENZ is refuting claims made by New Zealand Professional Firefighters Union secretary Joanne ‘Wattie’ Watson that a new restructure could cause safety issues to the public.

A battle between professional firefighters and Fire and Emergency New Zealand over a proposed re-structure has been heard in court.

Claims by both parties, the New Zealand Professional Firefighters Union (NZPFU) and FENZ were argued at a public hearing in Wellington’s Employment Court on Wednesday.

Part of the proposed re-structure involves FENZ’s ‘service delivery’ branch and includes the disestablishment of 121 senior firefighter roles.

These roles are area managers, assistant area managers, principal rural fire officers, and deputy principal rural fire officers.

Redundancies have not been entirely ruled out.

* Professional firefighters union hands over 1000-strong submission opposing restructure

* Safety fears amid Fire and Emergency New Zealand proposed restructure

Only 94 new roles in the service delivery branch have been created to replace the disestablished roles, including 17 district managers, one for each district around the country, and 77 group managers.

Under the re-structure, FENZ’s appointment process for the new roles will give preference to those whose positions have been disestablished.

But, NZPRFU claims allowing people from rural fire backgrounds to be appointed senior managers in urban settings would put the public and firefighters at risk.

About 121 senior firefighter roles will be disestablished in FENZ’s restructure.

For example, if their expertise were for managing bush fires and the restructure led them to managing structural building fires, NZPFU secretary, Joanne ‘Wattie’ Watson said.

“They don't have the qualifications, at most they might have a few years’ experience. Our guys have to have at least 10 years’ experience and a set of qualifications to have those roles and that experience is really pivotal.

FENZ’s claims it is their legal obligations to offer re-deployment to staff whose roles have been disestablished.

“Their redeployment takes precedence over the processes that would otherwise apply if these new roles arouse outside of restructuring,” FENZ national commander Kerry Gregory states.

The court dispute between the two parties’ is around the nature and scope of the appointment and review processes in a redundancy setting.

A collective agreement between the NZPFU and FENZ, which was signed in 2018, requires the appointment of staff which are best suited to vacancies.

The court dispute between the two parties’ is about how new roles will be appointed under the restructure.

The agreement also states there should be the opportunity for all applicants to have full consideration and appeal rights.

However, FENZ are arguing that a section in the Fire and Emergency New Zealand Act 2017 should overrule this.

Specifically, section 30, which states that sections 26-29 do not apply where an employee has received notice of redundancy.

Sections 26-29 state there is a statutory requirement to give preference to the best person suited for the position and to have in place a review process for appointments, subject to complaint by employees.

Presiding Chief Judge Christina Inglis will decide whether the collective agreement can be enforced, or section 30 under the FENZ act prevails.

Inglis did not specify at Wednesday’s hearing when her decision on the case would be made, but stated the issue is “not straight-forward”.

Last year, NZPFU amassed about 1000 submissions in opposition to the restructure proposals, during consultation.

FENZ claims the proposals are about improving efficiency, by preventing managers from doubling up on areas of responsibility.

Deputy chief executive of people Brendan Nally said no one’s safety is at risk as a result of the case.

“We will continue to respond safely and well to all emergencies and incidents as we do now, with well-equipped, skilled and experienced personnel at all levels … public safety and the safety of our staff remains paramount.

“The right thing to do is to apply the Fire and Emergency New Zealand Act and give preference to staff who are suitable in terms of skills and experience and who might otherwise lose their jobs in restructuring, over those who will not,” Nally said.