A senior doctors picket line in September. (File photo) Photo: RNZ / Ruth Hill
Health NZ has failed in bid to get the Employment Relations Authority to force senior doctors into a contract and end repeated strike action.
Health NZ asked the authority in September to "fix" the terms of the collective contract after collective negotiation with the senior doctors' union repeatedly broke down.
That would effectively imposed a contract on both sides.
But the authority said on Friday it would not do that.
In its decision, authority member Nicola Craig said that would have required a high bar - and there had been no serious and sustained breaches of good faith.
"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," she said.
The union, the Association of Salaried Medical Specialists, had provided a list of subjects that it considered were still up for negotiation, she said.
There was still room for more bargaining.
"The parties are encouraged to participate fully, openly and in good faith to work together to reach a resolution," Craig said.
In response to the decision, the union's executive director Sarah Dalton said the litigation had been "a waste of money" and Health NZ should never have taken it.
It was time to get back to bargaining, she said.
"We are at serious risk of losing significant numbers of senior doctors and dentists due to HNZ's intractable approach to recruitment, retention and remuneration. In the end it will be patients who continue to miss out on healthcare."
Dalton said they had lost ten weeks of negotiation waiting for the finding.
Association of Salaried Medical Specialists executive director Sarah Dalton. (File photo) Photo: LANCE LAWSON PHOTOGRAPHY / Supplied
She hoped it helped other unions when it came to having good faith negotiations with public sector employers.
Health NZ's executive national director of people and culture, Robyn Shearer, said Health NZ acknowledged the ERA's decision and were committed to resuming negotiations as soon as possible.
"Our focus remains on reaching a fair and affordable agreement for senior medical staff and for the wider health system.
"Our application to fix was made in recognition of our desire to settle the agreement and avoid disruption to patients."
Shearer said Health NZ remained committed to avoiding disruption and reaching a settlement.
"We will continue to work with ASMS in good faith with the goal of reaching a swift resolution."
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