Common use of Disputes and problem resolution Clause in Contracts

Disputes and problem resolution. ‌ The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the national, BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of the Ministry of Business, Innovation, and Employment (MBIE) (or its successors) to appoint someone. In the event that the parties cannot reach an agreed solution and unless the parties agree otherwise, after no less than two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies. Appendix Two - Healthy Workplaces Agreement‌ February 2010 The parties, Te Whatu Ora and CTU Health Unions National Terms of Settlement agree that all employees should have healthy workplaces. Achieving Healthy Workplaces Requires:‌ • Effective care capacity management2; having the appropriate levels of staff, skill mix, experience, and resourcing to achieve a match between demand and capacity • Systems, processes and work practices that ensure efficient scheduling and a credible, consistent and timely response to variance in demand • A workplace culture between employees and their managers that reflects an understanding and actively advocates a balance between safe quality care, a safe quality work environment and organisational efficiency. • Recognition that everyone can be a leader by using the authority (expertise) vested in their role to participate and constructively engage with others. • The development of a learning culture that emphasizes employees at all levels being given the opportunity to extend their knowledge and skills, as identified in their performance development plans where they are in place. • Appreciation that good patient outcomes rely on the whole team and that teams need opportunities to work and plan together. • Having the right tools, technology, environment and work design to support health and safety and to ensure effective health care delivery. This includes the opportunity to be involved in the decisions about what is needed and when. The parties agree that these seven elements should be evident in all workplaces and apply to all employees, and agree to work jointly towards the implementation of them by the following: 2 Care capacity management is the process of ensuring that the demand for service placed on an organisation can be adequately met within a context of quality patient care, a quality work environment for staff, and fiscal and procedural efficiency. • The parties agree to work together to establish a national framework for a whole of system approach to care capacity management which; - provides efficient, effective, user friendly processes and structures - provides centralized, multi stakeholder governance - is used consistently and effectively at all levels to manage and monitor care capacity - includes a core data set by which the health of the system is monitored and is used to inform forecasting, demand planning, and budgeting - Includes consistent, credible, required responses to variance in care capacity - recognises the need for local solutions consistent with the principles of healthy workplaces • Each party will undertake to promote and model behaviour that demonstrates productive engagement and builds a workplace culture that enables everyone to feel their contribution is valued and respected. Opinions of those performing the work will be sought when new innovations, improvements and changes are required, in a manner consistent with consultation and change management processes referred to below • Quality of care and quality of the work environment are agreed priorities that underpin productivity and will be incorporated in all workplace processes and actively sponsored at all levels of the organization • Developing and maintaining policies and practices that actively encourage all employees to be confident in leading and making decisions within their levels of expertise and experience. • Access for all employees to appropriate professional development and appropriate learning opportunities, including appropriate national qualifications, in order to give them greater opportunities to extend their roles and responsibilities within the public health system. • Facilitating appropriate release time to attend relevant professional development and learning opportunities; • A wider team approach to planning and evaluation of service capacity and service delivery will be used to ensure the right people with the right skills are providing the right care (role) at the right time in the right place. This will support staff in taking responsibility and accountability for their own services’ performance and using the tools and policies in place to effect improvement. Nationally consistent consultation and change management processes to facilitate both input into decision making on issues affecting the workplace and active engagement in the development and /or problem solving of initiatives to address the issues. Appendix Three – New Employees Letter/Active Choice Form‌ Form For New Employees to Indicate If They Intend to Join a Union‌ This form is optional to complete. If you do not fill it in and return it to your employer within 30 days of starting your new job, your employer is required to tell the relevant union(s) your name and contact details, and inform the Union(s) that you did not return the form. If you do complete and return the form within 30 days of starting your new job, your employer will pass the form and your name and contact details on to the union(s) that cover your work unless you object by ticking the relevant box on the form.

Disputes and problem resolution. ‌ The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the national, BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of the Ministry of Business, Innovation, and Innovation & Employment (MBIE) (or its successors) to appoint someone. In the event that the parties cancan not reach an agreed solution and unless the parties agree otherwise, after no less than that two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies. Appendix Two - February 2010 Healthy Workplaces Agreement‌ February 2010 Agreement The parties, Te Whatu Ora and parties to the DHB / CTU Health Unions National Terms of Settlement agree that all employees should have healthy workplaces. 1. Achieving Healthy Workplaces Requires:‌ • Effective care capacity management2management1; having the appropriate levels of staff, skill mix, experience, and resourcing to achieve a match between demand and capacity • capacity 2. Systems, processes and work practices that ensure efficient scheduling and a credible, consistent and timely response to variance in demand • demand 3. A workplace culture between employees and their managers that reflects an understanding and actively advocates a balance between safe quality care, a safe quality work environment and organisational efficiency. 4. • Recognition that everyone can be a leader by using the authority (expertise) vested in their role to participate and constructively engage with others. 5. • The development of a learning culture that emphasizes employees at all levels being given the opportunity to extend their knowledge and skills, as identified in their performance development plans where they are in place. 6. • Appreciation that good patient outcomes rely on the whole team and that teams need opportunities to work and plan together. 7. • Having the right tools, technology, environment and work design to support health and safety and to ensure effective health care delivery. This includes the opportunity to be involved in the decisions about what is needed and when. The parties agree that these seven elements should be evident in all workplaces and apply to all employees, and agree to work jointly towards the implementation of them by the following: 2 1 Care capacity management is the process of ensuring that the demand for service placed on an organisation can be adequately met within a context of quality patient care, a quality work environment for staff, and fiscal and procedural efficiency. • The parties agree to work together to establish a national framework for a whole of system approach to care capacity management which; - provides efficient, effective, user friendly processes and structures - provides -provides centralized, multi stakeholder governance - is used consistently and effectively at all levels to manage and monitor care capacity - includes -includes a core data set by which the health of the system is monitored and is used to inform forecasting, demand planning, and budgeting - Includes -includes consistent, credible, required responses to variance in care capacity - recognises the need for local solutions consistent with the principles of healthy workplaces • Each party will undertake to promote and model behaviour behavior that demonstrates productive engagement and builds a workplace culture that enables everyone to feel their contribution is valued and respected. Opinions of those performing the work will be sought when new innovations, improvements and changes are required, in a manner consistent with consultation and change management processes referred to below • Quality of care and quality of the work environment are agreed priorities that underpin productivity and will be incorporated in all workplace processes and actively sponsored at all levels of the organization • Developing and maintaining policies and practices that actively encourage all employees to be confident in leading and making decisions within their levels of expertise and experience. • Access for all employees to appropriate professional development and appropriate learning opportunities, including appropriate national qualifications, in order to give them greater opportunities to extend their roles and responsibilities within the public health system. • Facilitating appropriate release time to attend relevant professional development and learning opportunities; • A wider team approach to planning and evaluation of service capacity and service delivery will be used to ensure the right people with the right skills are providing the right care (role) at the right time in the right place. This will support staff in taking responsibility and accountability for their own services’ performance performance, and using the tools and policies in place to effect improvement. improvement • Nationally consistent consultation and change management processes to facilitate both input into decision making on issues affecting the workplace and active engagement in the development and /or problem solving of initiatives to address the issues. Appendix Three – New Employees LetterIn the event that an acute staffing shortage cannot be alleviated, patient cares, and the volume and range of services may be reduced in accordance with direction by the appropriate manager and employer policies. In addition, the escalation process shall apply: When an individual/Active Choice Form‌ Form For New Employees team considers they have reached the limits of safe practice they will be supported to Indicate If They Intend to Join a Union‌ This form is optional to completeresolve the situation as follows: • The manager will be immediately informed of the situation by the staff member. If you do • The staff member will not fill it in and return it to your employer within 30 days of starting your new job, your employer is be required to tell take additional workload until strategies have been implemented to address the relevant union(simmediate workload issues (e.g. the redeployment of staff or patients), notwithstanding any immediate duty-of-care requirements If the process outlined above does not resolve the situation, steps will be taken immediately to elevate the issue to that level of nursing service management authorised to resolve the immediate problem and take steps to reduce the likelihood or a recurrence of similar problems. • The most senior nurse in the DHB, at the time of the event, will report the event to the most senior manager in the DHB as soon as is reasonably possible. [For example; The Nurse or Duty Manager will immediately advise the Director of Nursing (DoN) your name and contact detailsor DoN MHN or, if the DoNs are not available, the Manager responsible for the hospital at that time.] • Direct assistance will then be given from this level in the organisation, and inform the Union(s) that you did not return the form. If you do complete and return the form within 30 days of starting your new job, your employer will pass the form and your name and contact details on event reported to the union(s) that cover your work unless you object Chief Executive by ticking the relevant box on the formDoN as soon as is reasonably possible. • All incidents shall be reported and investigated and a PSA delegate will be involved in investigations and corrective measures.

Disputes and problem resolution. ‌ The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the national, BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of the Ministry Department of Business, Innovation, and Employment (MBIE) Labour (or its successors) to appoint someone. In the event that the parties cannot reach an agreed solution and unless the parties agree otherwise, after no less than that two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies. Appendix Two - Healthy Workplaces Agreement‌ February 2010 The parties, Te Whatu Ora and parties to the DHB / CTU Health Unions National Terms of Settlement agree that all employees should have healthy workplaces. 1. Achieving Healthy Workplaces Requires:‌ • Effective care capacity management2management1; having the appropriate levels of staff, skill mix, experience, and resourcing to achieve a match between demand and capacity • capacity 2. Systems, processes and work practices that ensure efficient scheduling and a credible, consistent and timely response to variance in demand • demand 3. A workplace culture between employees and their managers that reflects an understanding and actively advocates a balance between safe quality care, a safe quality work environment and organisational efficiency. 4. • Recognition that everyone can be a leader by using the authority (expertise) vested in their role to participate and constructively engage with others. 5. • The development of a learning culture that emphasizes employees at all levels being given the opportunity to extend their knowledge and skills, as identified in their performance development plans where they are in place. 6. • Appreciation that good patient outcomes rely on the whole team and that teams need opportunities to work and plan together. 7. • Having the right tools, technology, environment and work design to support health and safety and to ensure effective health care delivery. This includes the opportunity to be involved in the decisions about what is needed and when. The parties agree that these seven elements should be evident in all workplaces and apply to all employees, and agree to work jointly towards the implementation of them by the following: 2 Care capacity management is the process of ensuring that the demand for service placed on an organisation can be adequately met within a context of quality patient care, a quality work environment for staff, and fiscal and procedural efficiency. • The parties agree to work together to establish a national framework for a whole of system approach to care capacity management which; - provides efficient, effective, user friendly processes and structures - provides centralized, multi stakeholder governance - is used consistently and effectively at all levels to manage and monitor care capacity - includes a core data set by which the health of the system is monitored and is used to inform forecasting, demand planning, and budgeting - Includes consistent, credible, required responses to variance in care capacity - recognises the need for local solutions consistent with the principles of healthy workplaces • Each party will undertake to promote and model behaviour that demonstrates productive engagement and builds a workplace culture that enables everyone to feel their contribution is valued and respected. Opinions of those performing the work will be sought when new innovations, improvements and changes are required, in a manner consistent with consultation and change management processes referred to below • Quality of care and quality of the work environment are agreed priorities that underpin productivity and will be incorporated in all workplace processes and actively sponsored at all levels of the organization • Developing and maintaining policies and practices that actively encourage all employees to be confident in leading and making decisions within their levels of expertise and experience. • Access for all employees to appropriate professional development and appropriate learning opportunities, including appropriate national qualifications, in order to give them greater opportunities to extend their roles and responsibilities within the public health system. • Facilitating appropriate release time to attend relevant professional development and learning opportunities; • A wider team approach to planning and evaluation of service capacity and service delivery will be used to ensure the right people with the right skills are providing the right care (role) at the right time in the right place. This will support staff in taking responsibility and accountability for their own services’ performance and using the tools and policies in place to effect improvement. Nationally consistent consultation and change management processes to facilitate both input into decision making on issues affecting the workplace and active engagement in the development and /or problem solving of initiatives to address the issues. Appendix Three – New Employees Letter/Active Choice Form‌ Form For New Employees to Indicate If They Intend to Join a Union‌ This form is optional to complete. If you do not fill it in and return it to your employer within 30 days of starting your new job, your employer is required to tell the relevant union(s) your name and contact details, and inform the Union(s) that you did not return the form. If you do complete and return the form within 30 days of starting your new job, your employer will pass the form and your name and contact details on to the union(s) that cover your work unless you object by ticking the relevant box on the form.

Disputes and problem resolution. ‌ The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the national, BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of the Ministry of Business, Innovation, and Employment (MBIE) (or its successors) to appoint someone. In the event that the parties cannot reach an agreed solution and unless the parties agree otherwise, after no less than two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies. Appendix Two - Healthy Workplaces Agreement‌ February 2010 The parties, Te Whatu Ora and parties to the DHB / CTU Health Unions National Terms of Settlement agree that all employees should have healthy workplaces. Achieving Healthy Workplaces Requires:‌ • Requires:‌ 1. Effective care capacity management2management1; having the appropriate levels of staff, skill mix, experience, and resourcing to achieve a match between demand and capacity • capacity 2. Systems, processes and work practices that ensure efficient scheduling and a credible, consistent and timely response to variance in demand • demand 3. A workplace culture between employees and their managers that reflects an understanding and actively advocates a balance between safe quality care, a safe quality work environment and organisational efficiency. 4. • Recognition that everyone can be a leader by using the authority (expertise) vested in their role to participate and constructively engage with others. 5. • The development of a learning culture that emphasizes employees at all levels being given the opportunity to extend their knowledge and skills, as identified in their performance development plans where they are in place. 6. • Appreciation that good patient outcomes rely on the whole team and that teams need opportunities to work and plan together. 7. • Having the right tools, technology, environment and work design to support health and safety and to ensure effective health care delivery. This includes the opportunity to be involved in the decisions about what is needed and when. The parties agree that these seven elements should be evident in all DHB workplaces and apply to all employees, and agree to work jointly towards the implementation of them by the following: 2 • The parties agree to work together to establish a national framework for a whole of system approach to care capacity management which; 1 Care capacity management is the process of ensuring that the demand for service placed on an organisation can be adequately met within a context of quality patient care, a quality work environment for staff, and fiscal and procedural efficiency. • The parties agree to work together to establish a national framework for a whole of system approach to care capacity management which; - provides efficient, effective, user friendly processes and structures - provides centralized, multi stakeholder governance - is used consistently and effectively at all levels to manage and monitor care capacity - includes a core data set by which the health of the system is monitored and is used to inform forecasting, demand planning, and budgeting - Includes consistent, credible, required responses to variance in care capacity - recognises the need for local solutions consistent with the principles of healthy workplaces • Each party will undertake to promote and model behaviour behavior that demonstrates productive engagement and builds a workplace culture that enables everyone to feel their contribution is valued and respected. Opinions of those performing the work will be sought when new innovations, improvements and changes are required, in a manner consistent with consultation and change management processes referred to below • Quality of care and quality of the work environment are agreed priorities that underpin productivity and will be incorporated in all workplace processes and actively sponsored at all levels of the organization • Developing and maintaining policies and practices that actively encourage all employees to be confident in leading and making decisions within their levels of expertise and experience. • Access for all employees to appropriate professional development and appropriate learning opportunities, including appropriate national qualifications, in order to give them greater opportunities to extend their roles and responsibilities within the public health system. • Facilitating appropriate release time to attend relevant professional development and learning opportunities; • A wider team approach to planning and evaluation of service capacity and service delivery will be used to ensure the right people with the right skills are providing the right care (role) at the right time in the right place. This will support staff in taking responsibility and accountability for their own services’ performance and using the tools and policies in place to effect improvement. Nationally consistent consultation and change management processes to facilitate both input into decision making on issues affecting the workplace and active engagement in the development and /or problem solving of initiatives to address the issues. Appendix Three – New Employees Letter/Active Choice Form‌ Form For New Employees to Indicate If They Intend to Join a Union‌ This form is optional to complete. If you do not fill it in and return it to your employer within 30 days of starting your new job, your employer is required to tell the relevant union(s) your name and contact details, and inform the Union(s) that you did not return the form. If you do complete and return the form within 30 days of starting your new job, your employer will pass the form and your name and contact details on to the union(s) that cover your work unless you object by ticking the relevant box on the form.

Disputes and problem resolution. ‌ The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the national, National BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of the Ministry Department of Business, Innovation, and Employment (MBIE) Labour (or its successors) to appoint someone. In the event that the parties cancan not reach an agreed solution and unless the parties agree otherwise, after no less than that two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party’s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies. Appendix Two - Healthy Workplaces Agreement‌ February 2010 The parties, Te Whatu Ora and parties to the DHB / CTU Health Unions National Terms of Settlement agree that all employees should have healthy workplaces. 1. Achieving Healthy Workplaces Requires:‌ • Effective care capacity management2management1; having the appropriate levels of staff, skill mix, experience, and resourcing to achieve a match between demand and capacity • capacity 2. Systems, processes and work practices that ensure efficient scheduling and a credible, consistent and timely response to variance in demand • demand 3. A workplace culture between employees and their managers that reflects an understanding and actively advocates a balance between safe quality care, a safe quality work environment and organisational organizational efficiency. 4. • Recognition that everyone can be a leader by using the authority (expertise) vested in their role to participate and constructively engage with others. 5. • The development of a learning culture that emphasizes employees at all levels being given the opportunity to extend their knowledge and skills, as identified in their performance development plans where they are in place. 6. • Appreciation that good patient outcomes rely on the whole team and that teams need opportunities to work and plan together. 7. • Having the right tools, technology, environment and work design to support health and safety and to ensure effective health care delivery. This includes the opportunity to be involved in the decisions about what is needed and when. The parties agree that these seven elements should be evident in all workplaces and apply to all employees, and agree to work jointly towards the implementation of them by the following: 2 Care capacity management is the process of ensuring that the demand for service placed on an organisation can be adequately met within a context of quality patient care, a quality work environment for staff, and fiscal and procedural efficiency. • The parties agree to work together to establish a national framework for a whole of system approach to care capacity management which; - provides efficient, effective, user friendly processes and structures - provides -provides centralized, multi stakeholder governance - is used consistently and effectively at all levels to manage and monitor care capacity - includes -includes a core data set by which the health of the system is monitored and is used to inform forecasting, demand planning, and budgeting - Includes -includes consistent, credible, required responses to variance in care capacity - recognises recognizes the need for local solutions consistent with the principles of healthy workplaces • Each party will undertake to promote and model behaviour behavior that demonstrates productive engagement and builds a workplace culture that enables everyone to feel their contribution is valued and respected. Opinions of those performing the work will be sought when new innovations, improvements and changes are required, in a manner consistent with consultation and change management processes referred to below • 1 Care capacity management is the process of ensuring that the demand for service placed on an organisation can be adequately met within a context of quality patient care, a quality work environment for staff, and fiscal and procedural efficiency. Quality of care and quality of the work environment are agreed priorities that underpin productivity and will be incorporated in all workplace processes and actively sponsored at all levels of the organization • Developing and maintaining policies and practices that actively encourage all employees to be confident in leading and making decisions within their levels of expertise and experience. • Access for all employees to appropriate professional development and appropriate learning opportunities, including appropriate national qualifications, in order to give them greater opportunities to extend their roles and responsibilities within the public health system. • Facilitating appropriate release time to attend relevant professional development and learning opportunities; • A wider team approach to planning and evaluation of service capacity and service delivery will be used to ensure the right people with the right skills are providing the right care (role) at the right time in the right place. This will support staff in taking responsibility and accountability for their own services’ performance performance, and using the tools and policies in place to effect improvement. improvement Nationally consistent consultation and change management processes to facilitate both input into decision making on issues affecting the workplace and active engagement in the development and /or problem solving of initiatives to address the issues. Appendix Three – New Employees Letter/Active Choice Form‌ Form For New Employees to Indicate If They Intend to Join a Union‌ This form is optional to complete. If you do not fill it in and return it to your employer within 30 days of starting your new job, your employer is required to tell the relevant union(s) your name and contact details, and inform the Union(s) that you did not return the form. If you do complete and return the form within 30 days of starting your new job, your employer will pass the form and your name and contact details on to the union(s) that cover your work unless you object by ticking the relevant box on the form.