Health NZ ups the ante on stoush with senior doctors

Health New Zealand will have to prove the senior doctors' union has "breached good faith" during their long-running contract dispute in order for the Employment Relations Authority (ERA) to overrule the bargaining process.

In an unprecedented move for the agency, it has announced its intention to apply to the ERA to "fix" the terms of its contract with the Association of Salaried Medical Specialists (ASMS).

Acting chief executive Dr Richard Sullivan told Morning Report that negotiations with the union had hit a wall, ahead of a 48-hour strike by 5500 senior doctors and dentists next week.

"Unfortunately we've had no counter-offer to work with. We've been turning up and turning up in good faith with increased offers, but unfortunately, we've had no counter-offer to move this forward."

A Health NZ spokesperson said it expected to lodge an application with the ERA on Friday or Monday.

Such a request had never been made by Health NZ previously, nor was its legal team aware of any "fixing" applications involving the former district health boards.

However, if it succeeds in this case, it may have implications for other industrial disputes, including its fight with the Nurses Organisation, which has been ramping up strike action.

Bargaining not over, says union

Senior doctors have slammed the move as "unwarranted".

ASMS executive director Sarah Dalton said the case would not meet the threshold for compulsory intervention by the ERA because the union had not walked away from bargaining.

Health NZ had declined the union's offer to meet again ahead of Tuesday's strike.

The block to resolution was Health NZ's failure to make an offer to doctors that was not "a pay cut in real terms", she said.

"We haven't had any meaningful response from the employer about workforce planning, about investment in salaried staff, about how they plan to address widespread shortages."

Health Minister wants 'an end'

Health Minister Simeon Brown said engaging the ERA was "ultimately a decision for Health NZ", but acknowledged he wanted "to see this brought to an end" after more than a year of failed negotiations.

He was disappointed the union had rejected his earlier recommendation to both parties to enter binding arbitration to avoid strike action, and had "now rejected further bargaining and has decided to continue with strike action".

The ERA declined to say whether any other government agencies had filed "fixing" applications previously.

Director of regulatory and advisory services Daniel de Villiers said it was not possible to say how long the ERA could take to make any decision.

"The Employment Relations Authority cannot provide information about whether or not any particular parties have lodged applications in the Authority, comment on specific cases before the Authority or predict how long it will take for a determination to be made on an application before the Authority."

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