This code applies to the following parties to an employment relationship in the public health sector:

However, to avoid doubt, subclause (1)(d) and (e) applies in relation to the provision of services only if the services are provided to Health New Zealand or the New Zealand Blood and Organ Service in its role as a provider of services.

Before Health New Zealand or the New Zealand Blood and Organ Service enters into an agreement or arrangement with another employer for the provision of services to it, it must notify the employer that this code will apply to the employer in relation to the provision of those services.

However, failure to comply with subclause (3) does not affect the validity of an agreement or arrangement referred to in that subclause.

The purpose of this code is—

In this code, unless the context otherwise requires,—

good employer has the same meaning as in section 118 of the Crown Entities Act 2004

health professional means—

1. an employee who provides services to patients as a health practitioner (as defined in section 5 of the Health Practitioners Competence Assurance Act 2003); and
2. any other employee who works in a recognised clinical discipline providing services for the purpose of assessing, improving, protecting, or managing the physical or mental health of individuals or groups of individuals

industrial action means a strike or a lockout

life preserving services means—

1. crisis intervention for the preservation of life:
2. care required for therapeutic services without which life would be jeopardised:
3. urgent diagnostic procedures required to obtain information on potentially life-threatening conditions:
4. crisis intervention for the prevention of permanent disability:
5. care required for therapeutic services without which permanent disability would occur:
6. urgent diagnostic procedures required to obtain information on conditions that could potentially lead to permanent disability

services—

1. has the same meaning as in section 4 of the Pae Ora (Healthy Futures) Act 2022; and
2. to avoid doubt,—
   1. includes cleaning services, food catering services, laundry services, and orderly services; but
   2. does not include building construction services.

In all aspects of their employment relationship, the parties must—

In their employment relationship, the parties must—

To enable employees and their unions to comply with subclause (1), employers must ensure that appropriate steps are taken in their workplaces to encourage, enable, and facilitate employee and union involvement.

The parties must use their best endeavours to resolve, in a constructive manner, any differences between them.

Subclauses (2) to (4) do not limit subclause (1).

Every employer must be a good employer.

The parties must support collective bargaining, including multi-employer collective agreements, where it is practical and reasonable to do so.

The parties must, as far as practical and reasonable, support the definition of coverage that best recognises the parties' commitment to collective employment arrangements.

The parties must recognise and support the health sector principles in section 7(1) of the Pae Ora (Healthy Futures) Act 2022.

As part of the arrangement required under section 32(1)(a), the parties must make every endeavour to agree on a clinical expert or other suitable person for the purposes of clause 13(1).

During collective bargaining employers must not—

During collective bargaining each party must—

If agreement cannot be reached or the collective bargaining is in difficulty, the parties must give favourable consideration to attending mediation without delay, and must consider third party decision-making.

The parties must recognise that collective bargaining and collective agreements need to—

During industrial action, employers must provide for patient safety by ensuring that life preserving services are available to prevent a serious threat to life or permanent disability.

As soon as notice of industrial action is received or given, an employer must develop (if it has not already done so) a contingency plan and take all reasonable and practicable steps to ensure that it can provide life preserving services if industrial action occurs.

If an employer believes that it cannot arrange to deliver any life preserving service during industrial action without the assistance of members of the union, the employer must make a request to the union seeking the union's and its members' agreement to maintain or to assist in maintaining life preserving services.

The request must include specific details about—

A request must be made by the close of the day after the date of the notice of industrial action.

As soon as practicable after the employer has made a request but not later than 4 days after the date of the notice of industrial action, the parties must meet and negotiate in good faith and make every reasonable effort to agree on—

An agreement reached between the parties must be recorded in writing.

If the parties cannot reach agreement under clause 12(5) they must, within 5 days after the date of the notice of industrial action, refer the matter for adjudication by a clinical expert or other suitable person as agreed under clause 8.

The adjudicator must conduct the adjudication in a manner he or she considers appropriate and must—

The parties must use their best endeavours to give effect to the determination.

The parties must bear their own costs in relation to an adjudication.

Employers must respect and recognise the right of their employees to comment publicly and engage in public debate on matters within their expertise and experience as employees.

However, this clause applies subject to clauses 15 to 17.

Before an employee exercises the right specified in clause 14(1) in relation to the operations of his or her employer, the employee must first—

If the employee is dissatisfied with his or her employer's response or there is no response from his or her employer, the employee may exercise the right specified in clause 14(1) if the employee makes it clear that he or she is—

When exercising the right specified in clause 14(1), an employee must not breach patient confidentiality or professional confidentiality.

To avoid doubt, clauses 14 to 16 do not prevent a union from making public comments or engaging in public debate on any matter relating to the public health sector.

This clause applies if—

The employees referred to in subclause (1)(b) who are affected by the outsourcing or direct provision are entitled to be employed by the other employer on the same terms and conditions as applied to the employees immediately before the outsourcing or direct provision took effect.

This clause applies if—

The employees of the employer referred to in subclause (1)(b) who are affected by the outsourcing are entitled to be employed by the other employer on the same terms and conditions as applied to the employees immediately before the agreement or arrangement referred to in subclause (1)(b) came to an end.

Before Health New Zealand or the New Zealand Blood and Organ Service enters into an agreement or arrangement with a new employer to which clause 19 or clause 20 applies, it must notify the employer of the provisions of clause 19 or clause 20, whichever applies in the circumstances.

However, failure to comply with subclause (1) does not affect the validity of an agreement or arrangement referred to in that subclause.

This clause is in addition to clause 1(3).

If a party believes that another party has breached the duty of good faith in section 4, it must bring this to the attention of the party in breach at an early stage.

A party in breach must—

This code does not apply to anything done or any matter arising before the commencement of the code.

However, subclause (1) applies subject to subclauses (3) and (4).

Subclause (1) does not prevent the code applying in relation to—

Clause 20 applies even though the agreement or arrangement referred to in clause 20(1)(b) was entered into before the commencement of the code.