Filing with the ERA and next steps

Kia ora DHB Employee,

Please see below a communication from the lawyer engaged by NZNO and the PSA to apply to the Employment Relations Authority for determinations regarding our Pay Equity claim. NZNO and the PSA are legally obliged to share this information with all DHB employees covered by the claim, including those who are not union members.*



Pay equity claim for senior nurses, registered nurses, registered obstetric nurses, public health nurses, nurse practitioners, karitane nurses, enrolled nurses, health care assistants and mental health care assistants.

Following difficulties in resolving the above claim both of the above unions have decided to apply to the Employment Relations Authority for determination that fixes remuneration (including outstanding issues about rates for senior nurses) and a determination that specifies a process to review that remuneration to ensure that pay equity is maintained, including the frequency of reviews.

The above application will be filed on 27 May 2022.
The unions will also seek appropriate remedies in relation to the obligation to backpay to 31 December 2019 as agreed in last year’s collective bargaining.
The consequences of the Authority making a determination fixing remuneration (if the Authority makes such a determination) include that each employee’s employment agreement will be varied to include the rates determined and the employee will lose the right to bring his or her own claim relating to pay equity.

Any non-union employee may opt out of the claim by the day before the date of filing (that is, by 26 May 2022).  Union employees may not opt out while remaining a union member.

An employee who opts out must be offered the benefit of a settlement of the claim and if he or she accepts it is barred from raising his or her own claim; and if offer is declined will retain the right to raise his or her own claim.

After the filing on 27 April, we expect a statement in response from employers within two weeks. The timing of next steps, which may involve mediation/facilitation before a determination is made, will be at the discretion of the ERA.

If you are a non-union employee wanting to know more about opting out, please contact your employer. 

Ngā mihi,

The NZNO and PSA Nursing Pay Equity Negotiating Teams

*Note: This information is provided to both NZNO/PSA DHB members and non-union DHB employees, because unions are legally obliged to keep non-union employees informed of the process. We have received a list of all employees from the DHBs and these have been combined with NZNO’s internal contact lists to ensure the widest coverage possible. This means some NZNO members, who have a different email address registered with their employer, will receive this message more than once. We apologise for any inconvenience.