MECA – frustration meets facilitation E
fforts to resolve the deadlock in the MECA negotiations and ultimately reach a settlement have now moved to facilitation.
Earlier this month the Employment Relations Authority accepted a joint application from ASMS and the DHBs for facilitated bargaining. Under facilitated bargaining, an Authority member works with both sides in an effort to bring a resolution. They meet separately with the parties in the first instance and review each side’s position, before bringing them together for joint discussions. This joint meeting was due to happen in Wellington on March 18th.
The outcome might be to arrange further meetings, or the Authority member could deliver written recommendations. The recommendations are not binding but could help move towards a negotiated settlement. Look out for updates in your inbox. ASMS is continuing to put pressure on the Government over the DHBs’ bargaining approach and comments that all health workers are required to experience a “year of pain” before they can expect a pay increase. This is happening at high level meetings and in the media.
We have also been using recent JCCs to let DHB Chief Executives know how poorly served they have been by the DHB’s negotiating team, whose determination to give “no offer” responses in place of reasoned discussions have led to the current negotiation difficulties. In addition, there are indications that with inflation running at almost 6%, the Government’s pay restraint guidelines to the public sector are increasingly difficult to justify. Senior Government figures are no longer promoting them.
@ASMSNZ
MECA expiry – what happens on 31 March? The MECA formally expired on 31 March 2021. Normally a collective agreement only remains in force for 12 months after its formal expiry date. This is to give the parties time to negotiate a new agreement. If a new agreement has not been settled, then 12 months after expiry, employees would usually be deemed to be employed on an individual employment agreement based on the collective agreement. That is, while your terms of employment would continue as they are, they would come under an individual agreement. However, in April 2020, by Order in Council, the Government suspended the 12 month “double expiry” provision. Effectively the expiry clock stopped ticking on all collective agreements and will not start ticking again until the relevant Epidemic Notice is revoked. An Epidemic Notice has been continuously in force since 24 March 2020, before the MECA expired, and understandably will continue in place for a while yet. Only once revoked will the 12-month expiry period start ticking.
10 THE SPECIALIST | MARCH 2022
