Health Sector Bargaining to Resume After ERA Setback

Health Sector Bargaining to Resume After ERA Setback

Key Takeaways

  • The Association of Salaried Medical Specialists (ASMS) and Health New Zealand are focused on returning to the bargaining table to negotiate a pay deal for senior medical staff.
  • The Employment Relations Authority (ERA) has decided not to step in to settle a collective agreement, citing a lack of findings of breaches of good faith that would significantly undermine bargaining between Health New Zealand and ASMS.
  • The ERA’s decision is seen as a positive step towards resuming negotiations and reaching a fair and affordable agreement for senior medical staff and the wider health system.
  • Both parties acknowledge that reaching a settlement will take time and effort, but are committed to avoiding disruption to health services and finding a mutually acceptable solution.

Introduction to the Dispute
The dispute between the Association of Salaried Medical Specialists (ASMS) and Health New Zealand has been ongoing, with senior doctors taking to the picket lines outside Wellington Regional Hospital in September 2023. The health agency had alleged that ASMS had breached the obligations of good faith, and subsequently applied to the Employment Relations Authority (ERA) to step in and settle a collective agreement. However, the ERA has since decided not to intervene, citing a lack of findings of breaches of good faith that would significantly undermine the bargaining process.

The ERA’s Decision
The ERA’s report, released on Friday afternoon, stated that the bar for intervention was high, and that there were no findings of breaches of good faith that would warrant their involvement. This decision has been welcomed by ASMS executive director Sarah Dalton, who believes it is time to get back to the bargaining table and work towards a settlement that is acceptable to ASMS members. Dalton acknowledged that the process would take time, but expressed hope that the ERA’s decision would help other unions have good faith negotiations with their employers.

Reaction from ASMS and Health New Zealand
ASMS executive director Sarah Dalton has stated that her organization will be looking to arrange bargaining dates as soon as possible, with the goal of finding a settlement that is acceptable to their members. Dalton emphasized the importance of a good process and the ability to engage properly in claims and responses in order to reach a mutually beneficial agreement. Meanwhile, Health New Zealand’s Robyn Shearer has acknowledged the ERA’s decision and reiterated the agency’s commitment to resuming negotiations as soon as possible. Shearer stated that the application to the ERA was made in recognition of the desire to settle the agreement and avoid disruption to patients, and that Health New Zealand remains committed to avoiding disruption to health services and reaching a settlement with ASMS.

Path Forward
The decision by the ERA has been seen as a positive step towards resuming negotiations and reaching a fair and affordable agreement for senior medical staff and the wider health system. Both ASMS and Health New Zealand have expressed their commitment to avoiding disruption to health services and finding a mutually acceptable solution. While the process is expected to take time, the parties involved are hopeful that they can work towards a settlement that meets the needs of all stakeholders. The focus now shifts to the bargaining table, where ASMS and Health New Zealand will work to address the issues that have led to the dispute and find a way forward that benefits both senior medical staff and the health system as a whole.

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