Memorandum of Understanding
Part 1 - PARTIES
The parties to this Memorandum are:
Part 2 - Principles of the Employee/Employer Relationship
The DHBs and NZRDA acknowledge that they must work cooperatively to achieve their overarching goal of maintaining and advancing a medical workforce providing high quality healthcare on a sustainable basis to the New Zealand population. The parties agree that:
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To the extent they are capable, provide appropriate health care to the communities they serve in an efficient and effective manner.
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To the extent they are capable, ensure the availability and retention of an appropriate trained and educated RMO workforce both now, and in the future.
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They will promote the provision of a safe, healthy and supportive work environment.
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They recognise the environmental and fiscal pressures which impinge upon the parties and work practices.
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They shall be good employers and employees.
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They shall endeavour to improve the relationship, decision making and cooperation between the parties.
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They recognise that differences will arise and work to overcome those differences.
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Service and training requirements are acknowledged and appropriately configured to meet the training needs of the medical workforce without compromising the delivery of quality health care.
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The collegiality, mentoring, and educational and clinical supervision inherent in medical team structures are acknowledged.
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The relationship is to be characterised by constructive engagement based on honesty, openness, respect and trust.
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To the extent they are capable, ensure RMO workforce planning and rostering meets patient and healthcare service requirements (which shall take into account the roles and participation of the wider healthcare team), whilst providing sufficient training opportunities and a reasonable work/life balance.
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The interdependence of various elements of the health workforce shall be recognised, as is the need for a team approach to the delivery of health care.
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Communication shall be effective and timely
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Actions within and across DHBs should be consistent.
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They accept accountability for actions.
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There must be an ongoing effort to review and improve on cost effectiveness and the sustainable delivery of high quality health services.
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he need to deploy resources appropriately may lead to a review of traditional job functions and the reallocation or substitution of tasks.
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They work towards enhanced job satisfaction for RMOs.
Part 3 - Purpose, Coverage and Application of this Memorandum
The purpose of this Memorandum is to create a constructive, relationship between DHBs and the NZRDA that will help the parties attain their shared objectives and facilitate resolution of different points of view.
Core activities and roles required by this Memorandum shall be undertaken by a MOU Executive. The Executives' functions shall fall under three main categories: developing and trialling best practice, RMO administration and support, and a source of expertise on the MECA.
Activities will include:
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Proposing and developing projects for improvement of workforce practices and planning involving RMOs which shall then be trialled in agreed locations in conjunction, where necessary, with other professional groups.
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Approving departures from the terms of the MECA for the period of an approved trial where such departure is necessary for the operation of the trial (refer clause 3(a) of the MECA)
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Acting as a central resource and source of expertise on the interpretation, application and operation of the MECA
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Acting as a central resource to advise on best rostering practices for RMOs
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Replacing CIAO and NCB (including a review of costs of training)
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Advising on CTA contracting and relationships
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Developing a strategic approach to the use and management of locums
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Advising on health and safety issues
The parties agree that the MoU will operate in conjunction with and according to the terms of the RMO National MECA.. To the extent that any conflict between these arises, the terms of the MECA shall prevail (attention is drawn to clause 3 of MECA). Notwithstanding the foregoing sentence, the disputes resolution procedure of MOU shall be utilised in respect of the MOU executive prior to any resort to clause 40 of MECA..
The Memorandum will come into force on the day that the MECA is signed by NZRDA and the DHBs ‘lead CEO' on behalf of the DHB parties listed in Schedule A. It will expire at the expiry of the MECA.
Part 4 - MOU Executive
Governance will be by an MOU Executive comprising:
The above appointments will be made within one month of ratification and reviewed by their respective party (DHB or NZRDA) as that party sees fit.
The Executive will meet no less than 5 times a year to review progress on the core activities (including ongoing projects) and roles as set out in Part 3 and resolve any differences that may arise as set out in Appendix 2.
The frequency of the meetings will be reviewed as the MOU executive agrees.
All RMO members of the Executive shall be granted paid special leave to attend the meetings of the Executive, and any other Executive-related business by their employer. This special leave will be granted in addition to any other leave entitlements as contained in MECA.
Either party may invite other people to attend the executive to speak to specific topics / projects. Such invitees shall have no decision making powers.
Others may also be invited to assist or seconded to the Executive, by agreement, for specific reasons and/or projects and, again, shall not have decision making powers.
The procedures to be followed by the Executive are set out in Appendix 2 to this document.
Amendments to the Memorandum of Understanding may be made at any time with the agreement of the parties.
Part 5 Guidelines
The purpose of projects or trials conducted by the MoU Executive will be to consider different ways of delivering and configuring our health services to benefit patients, RMOs and the DHBs in accordance with the principles outlined in schedule 2. When developing and considering projects/trials the following should be considered. This list is not exhaustive.
• Hours of Work /Job Size
• Working Times
• Training and Professional Standards
• Remuneration Structure
• Cost Effectiveness
• Resource Use
Standing Orders for the MOU Executive
1.0 Decision making
1.1 Unless expressly provided elsewhere, every endeavour shall be made to achieve consensus in decision making except that failing consensus, decisions shall be made by majority vote.
1.2 Discussion on any proposal shall be broad and informal and constrained as to time by the guidance of the Chair rather than through procedural motions.
2.0 Observers and Experts
2.1 Observers may only be present with the agreement of the Chair and Deputy Chair.
2.2 Either party may invite experts by notifying the Chair and Deputy Chair.
3.0 Minutes
3.1 Minutes shall be prepared but are in note form and not a verbatim record of proceedings.
3.2 Minutes shall have no status until confirmed by the MOU Executive, and may be amended before confirmation.
3.3 Confirmed minutes shall be available to interested parties unless otherwise agreed by the MOU executive. Individual's names shall not be recorded without the express agreement of the individual concerned.
4.0 Agendas
4.1 Executive Members shall advise the Chair of items to be included on the agenda not less than two working days before the meeting.
4.3 Items raised, not on the agenda shall be dealt with in accordance with the wishes of a majority of the MOU Executive; however, form is not to get in the way of addressing and seeking resolution of outstanding issues.
5.0 Quorum
5.1 The Executive can exercise no authority, power, or discretion, and no business of the Executive can be transacted, at any meeting of the Executive, unless the quorum of members is present at the meeting. A quorum requires at least 75% of the permanently appointed members of the MOU Executive to be present.
5.2 Members of the Executive will authorise a proxy if they are unable to attend a meeting. Notice must be given to the Chair (or the Deputy Chair in the Chair's absence) as soon as practicably possible. The proxy will have the speaking and voting rights of the Executive Member they are deputising for - in addition to their own if already a member of the Executive.
6.0 Mechanism for Resolving Differences
6.1 We 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 Executive to work cooperatively to resolve any differences and share in the responsibility for quality outcomes.
6.2 Any matter that cannot be resolved will be referred by the Executive 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 Department of Labour (or its successors) to appoint someone.
6.3 In the event that the parties can not reach an agreed solution and unless the parties agree otherwise, after no less that two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties.
6.4 Nothing in this MOU shall have the effect as to restrict either parties rights at law to access to the Employment Relations Authority, Employment Court or any other legal remedy.
