Health NZ says it welcomes the decision and will work with the union in good faith
The Employment Relations Authority has rejected Health New Zealand's request to fix the terms and conditions of its collective agreement with the union after more than a year of bargaining.
The ERA ruled that there are no findings of breaches of good faith that significantly undermine the bargaining between Health NZ and the Association of Salaried Medical Specialists (ASMS).
"The test to impose fixing on the parties' terms and conditions of employment is high. There are no findings of breaches of good faith which were sufficiently serious and sustained to significantly undermine the bargaining between HNZ and ASMS," the ERA ruled.
"Therefore, no order for fixing can be made."
More room for bargaining available
Health NZ employs some 6,400 senior medical and dental officers, including around 6,000 who are members of the ASMS.
The agency's collective agreement with the union ended in August 2024, and negotiations to establish a new one have been underway.
In September, however, Health NZ took the case to the ERA, citing that all its bargaining options "have been exhausted."
"We believe the application for fixing is the best way forward to ensure certainty for New Zealanders," said Richard Sullivan, Acting Chief Executive of Health NZ, in a previous statement.
But the ERA shot down this claim, noting that there is still room for bargaining after ASMS executive director Sarah Dalton provided a list of subjects that can still be the subject of negotiations.
"The parties are a distance apart but it is not unusual in bargaining for a lot of progress to be made in a short time, even after a long period of little progress," the ERA said.
"The parties are encouraged to participate fully, openly, and in good faith to work together to reach a resolution."
Health NZ accepts ruling
Dalton welcomed the ERA's ruling in a statement, saying they are ready to resume bargaining immediately.
"Health NZ should never have filed this type of litigation. Public money has been wasted. It is now time to get back around the table," Dalton said in a statement.
Robyn Shearer, Health NZ's executive national director of people and culture, said it also acknowledges the ERA decision and will work with ASMS in good faith to reach a resolution.
"Our focus remains on reaching a fair and affordable agreement for senior medical staff and for the wider health system," Shearer said as quoted by Radio New Zealand.
