The NZPFU and FENZ were supposed to be bargaining today and yesterday but spent the time negotiating terms of a Bargaining Process Agreement. The parties had met in mediation on Friday to try and settle the BPA and kept working on outstanding issues this week.
Last night at approximately 6pm the parties had worked through almost all issues. The Union recorded and read out to the parties the three issues of work that was to be done by FENZ overnight for completion today which was agreed by everyone in the room. FENZ did not state they had other issues to revisit.
While FENZ did work on those three matters they also unilaterally deleted almost all of a clause that had been worded through word by word and agreed by the parties on the large screen yesterday.
FENZ’s position today was that the tracked changed document was only a working document and FENZ was not intending the wording reached was agreement. This makes no sense as each word was considered, some changed and new words added by both parties throughout the negotiation. Why would anyone agree to go word by word, change words and amend the clause together if that was not the words intended for the clause?
Honesty and honouring agreements reached is the absolutely most fundamental requirements of bargaining in good faith.
The NZPFU team articulated FENZ and their position could not be believed given the detailed work done on each word of the clause.
We gave FENZ time to caucus together to try and resolve this fundamental issue of their behaviour. When we returned to the room FENZ lead negotiator Michael Stevenson said they would review their processes going forward but refused to honour the wording of the clause reached and instead wanted to negotiate a new clause.
The NZPFU left and contacted an ELT member asking for someone to intervene as we could not continue or bargain with such dishonest behaviour or where clauses debated word by word could be unilaterally changed by FENZ. To continue in that way would mean we would have to start again repeatedly on every clause no matter the wording worked through and agreed. Therefore there would never be any certainty on what was agreed. This not only affects the BPA agreement but the bargaining as well.
We were told ELT could not intervene.
The agreed clause unilaterally changed by FENZ (almost completely deleted) was setting out perimeters for FENZ’s use and distribution of bargaining information and to prevent behaviours such as bypassing the union.
The NZPFU is seeking advice and will keep members informed.
In unity
Wattie Watson
National Secretary
