TVNZ job cuts: Broadcaster told to enter mediation after ERA rules consultation clause was broken

The union representing Sunday and Fair Go staff is claiming an early win over TVNZ bosses after earning a last-minute reprieve to save the shows from going off air - and the jobs of those who work on them.

The Employment Relations Authority (ERA) this afternoon said it would not publish the ruling of the case for a further three days, but an E tū union spokesperson said the union - which took TVNZ to court - had “won” in what it set out to achieve.

That included TVNZ being found to have broken the terms of a collective agreement clause around consultation.

The ERA has ordered TVNZ to start a mediation process with the union.

While the ERA hasn’t yet released its finding, TVNZ has published part of ERA member Peter Fuiava’s ruling.

“The Authority finds that TVNZ has breached cl(ause) 10.1.1 of the collective agreement,” Fuiava ruled.

“If after mediation matters have not resolved, a compliance order shall be issued against TVNZ ordering it comply with cl 10.1.1 of the collective agreement.”

TVNZ can appeal the ruling within 28 days.

A TVNZ spokesperson said: “We are disappointed by the decision today from the Employment Relations Authority. We will now take the time to consider the decision and our next steps”.

A union spokesperson said the ruling did not mean that shows such as Fair Go and Sunday would necessarily be saved.

An ERA spokesperson said its process saw it provide parties involved in any case with a copy of the determination once it had been made.

It would be published on its website in three days.

Under the terms of TVNZ’s cuts, Fair Go and Sunday are set to go off air in the coming weeks.

Fair Go is hosted by Pippa Wetzell.

The E tū union took the state broadcaster to the ERA this week, accusing it of breaching an agreement in workers’ collective contracts, which states TVNZ needs to involve staff in the “developmental stages of decision-making” relating to change processes.

E tū negotiation specialist, Michael Wood, said the ruling released to both parties this afternoon was a huge win.

“We are really happy, but not surprised, that the Authority reached the same conclusion as us – that the process was a clear breach of the collective agreement,” Wood said.

“We negotiated for members to have meaningful input into change processes because the workers are the experts, and had TVNZ honoured the collective agreement from the beginning, we may well have reached a much more favourable option for everyone.

“Instead, we’ve had to endure this messy and incomplete consultation process, and the company has already steamed ahead with their plans to cancel our important news and current affairs shows.”

Wodd said the “determination demonstrates that TVNZ management seriously underestimated the extent to which they needed to engage” with its impacted employees to find a way in “these difficult times” for the broadcaster.

“They need to engage much more fully – and that requirement is for the benefit of viewers, and the public as a broad stakeholder, as well as for workers at TVNZ. Workers and stakeholders all deserve much better.

“We aren’t going to predetermine the outcome of our mediation, but we are hoping that TVNZ management will finally get the message that they can’t take their workers for granted in these processes.”

TVNZ staff have been through a lengthy employment process during the last eight weeks.

The process ended with an announcement that 68 jobs would go, and it would be the end of the broadcasting road for Fair Go and Sunday.

RNZ’s Lucy Xia reported extensively from the ERA hearing this week, in which it was revealed TVNZ was facing a $30 million revenue hole for this financial year ending June 30.

RNZ had reported how TVNZ chief operating officer Brent McAnulty was asked by Fuiava what the consequences would be if TVNZ had to backtrack on redundancy processes and consult the likes of Fair Go and Sunday staff all over again.

Fair Go host Pippa Wetzell was among staff from the show, and TVNZ show Sunday, who were awaiting the ERA ruling. Photo / Supplied

“If that’s the decision of the authority, we will abide, but it would come at a lot of disruption to those shows and also the entire news team,” said McAnulty.

“I do know some people involved in those shows, reluctantly looking to move on, others in other areas have left the business... it would be upsetting for a few people who’ve said to me they want to move on.

“Even dragging this out has caused them concern,” he said.

TVNZ earlier confirmed on April 9 that Fair Go - one of TVNZ’s most enduring and popular shows – would be axed.

Fair Go staff had earlier met two days after the 47th anniversary of the consumer show’s first episode in 1977, and were told the show would end, as earlier proposed.

The Midday and Tonight news bulletins would also be ending, as earlier planned.

Fair Go staff are among the up to 68 roles to be cut by TVNZ.

A TVNZ spokeswoman said at the time: “Meetings with our people take place today and tomorrow, so we won’t be providing an update until we’ve had the opportunity to speak to all teams. We’ll be able to share the decision regarding the proposed show changes tomorrow afternoon”.

Earlier, TVNZ chief executive Jodi O’Donnell couldn’t rule out cutting other shows like Shortland Street, saying during the initial announcement that the broadcaster was “looking at everything”.

The cuts were necessitated by falling revenue, O’Donnell said. Tough economic conditions and structural changes had impacted revenue and prompted difficult choices “to ensure TVNZ remains sustainable”, she said.

Despite trying to lower operating costs in the past year, “we’re now at the point where we need to reduce the size of our team to bring our costs more in line”, O’Donnell said.

“Changes like the ones we’re proposing are incredibly hard, but we need to ensure we’re in a stronger position to transform the business to meet the needs of our viewers in a digital world,” she said.

E tū had written to TVNZ on behalf of its members, raising concerns about the proposal process and a lack of consultation with staff.

Union official Michael Wood was outspoken about the proposed job cuts. Photo / Dean Purcell

“Union members... feel their experience and expertise simply wasn’t utilised, which is obviously going to lead to a flawed proposal,” E tū negotiations specialist Michael Wood said.

“There’s no use in proposing radical changes like this without exploring other options first.”

Wood, a former minister in the last Labour Government, said affected workers had new ideas and perspectives “with real merit” that TVNZ management should have sought at the beginning of the process.

“It’s really quite dangerous in any business, and especially one as important as a national media platform, to dictate a top-down approach in the face of challenges. It simply does not, and will not, work,” Wood said.

Neil Reid is a Napier-based senior reporter who covers general news, features and sport. He joined the Herald in 2014 and has 30 years of newsroom experience.