Changes to the Employment Relations Act were passed in February 2026. These changes included:
The 30-day Rule for Collective Agreements and,
The rules around Personal Grievances i.e., the change to limit the ability to raise Personal Grievances (PG’s) for those earning over $200k
Currently we, and other unions, are waiting for a decision from Te Whatu Ora | Health NZ in regard to how they plan to implement these changes, if at all.
Firstly, regarding the rules around Personal Grievances (PG’s) for those earning over $200k, employees on current agreements have 12-months before these new thresholds will apply. The change to the rules around personal grievances have been raised by several unions, including STONZ, to Te Whatu Ora | Health NZ in bargaining and during bipartite meetings.
Te Whatu Ora | Health NZ have still not decided how they will progress, and the latest update we have is that they are currently seeking input from their legal teams and working through the implications of any change. We are aware that ASMS managed to negotiate an exception for their members, and we hope this will mean that HNZ also choose to treat their other workforces (including RMOs) in the same way.
The change to the 30-day rule from 21 February this year has meant that Te Whatu Ora | Health NZ can now negotiate and employ new non-union staff on Individual Employment Agreements (IEAs) from day one, even if the role is covered by a Collective Agreement. Prior to this, employees had to be employed under a collective agreement for the first 30-days. Again, we have not seen a change in Te Whatu Ora | Health NZ’s current process as of yet, and we anticipate this will be communicated to unions prior to any changes occurring.
The other proposed change is the Employment Leave Bill and possible subsequent changes to the Holidays Act if passed.
The main impact we foresee for our members, and workers generally, is how Annual Leave rates will be calculated and the impact to sick leave and time in lieu. STONZ, as an affiliate of the Council of Trade Unions (CTU), supported the submission they put forward, which is now one of many that the Select Committee will be considering before final decisions are made.
Where our SECA outlines entitlements that are higher than the Act, our entitlements stand – but in the SECA where it states “as per the Employment Relations Act” if and when changes are made our entitlements will also change to align with legislation.
We have, and will continue to seek legal advice to make sure we understand the potential impacts and will keep members updated.