Key Takeaways
- The Employment Relations Authority has rejected Health NZ’s bid to impose a contract on senior doctors, allowing negotiations to continue.
- The authority stated that there had been no serious and sustained breaches of good faith, and that the parties are encouraged to participate fully and openly in negotiations.
- The Association of Salaried Medical Specialists (ASMS) has welcomed the decision, calling the litigation a "waste of money" and emphasizing the need to get back to bargaining.
- Health NZ has acknowledged the decision and committed to resuming negotiations as soon as possible, with a focus on reaching a fair and affordable agreement for senior medical staff.
Introduction to the Dispute
The Employment Relations Authority has made a significant decision in the ongoing dispute between Health NZ and the Association of Salaried Medical Specialists (ASMS), the union representing senior doctors. In September, Health NZ had asked the authority to "fix" the terms of the collective contract, effectively imposing a contract on both sides, after collective negotiations had broken down. However, the authority has rejected this bid, stating that there had been no serious and sustained breaches of good faith, and that the parties are encouraged to participate fully and openly in negotiations.
The Authority’s Decision
In its decision, authority member Nicola Craig stated that the bar for imposing a contract is high, and that the parties are still a distance apart, but not unusually so. The ASMS had provided a list of subjects that it considered were still up for negotiation, indicating that there is still room for more bargaining. The authority’s decision emphasizes the importance of good faith negotiations and encourages both parties to work together to reach a resolution. This decision is a significant setback for Health NZ, which had hoped to impose a contract on the senior doctors and end the repeated strike action that has been disrupting the healthcare system.
Reaction from the Union
The ASMS has welcomed the authority’s decision, with executive director Sarah Dalton calling the litigation a "waste of money" and emphasizing the need to get back to bargaining. Dalton stated that the union is at serious risk of losing significant numbers of senior doctors and dentists due to Health NZ’s approach to recruitment, retention, and remuneration, and that patients will ultimately suffer as a result. The union has lost ten weeks of negotiation waiting for the finding, and Dalton hopes that the decision will help other unions in their negotiations with public sector employers. The ASMS is eager to resume negotiations and reach a fair agreement that addresses the concerns of senior doctors and benefits the healthcare system as a whole.
Health NZ’s Response
Health NZ has acknowledged the authority’s decision and committed to resuming negotiations as soon as possible. Executive national director of people and culture, Robyn Shearer, stated that the organization remains committed to avoiding disruption and reaching a settlement that is fair and affordable for senior medical staff and the wider health system. Shearer emphasized that Health NZ’s application to impose a contract was made in recognition of its desire to settle the agreement and avoid disruption to patients. Despite the setback, Health NZ is still focused on reaching a swift resolution and is willing to work with the ASMS in good faith to achieve this goal.
Implications and Next Steps
The authority’s decision has significant implications for the ongoing dispute between Health NZ and the ASMS. The rejection of Health NZ’s bid to impose a contract means that negotiations will continue, and both parties will need to work together to reach a resolution. The ASMS has made it clear that it is willing to negotiate, but Health NZ will need to be more flexible and willing to address the concerns of senior doctors. The decision also sets a precedent for other unions in their negotiations with public sector employers, emphasizing the importance of good faith negotiations and the need for employers to work collaboratively with unions to reach fair agreements. As the negotiations resume, it is essential that both parties prioritize the needs of patients and the healthcare system, and work towards a resolution that benefits everyone involved.