8 Sep 2023

Employment proceedings resume while athletes and HPSNZ continue talks

4:43 pm on 8 September 2023
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Photo: 123rf

Negotiations between High Performance Sport New Zealand (HPSNZ) and a union that wants more financial stability for athletes, haven't been moving quickly enough for the Employment Relations Authority (ERA).

In April both parties in the employment case asked the Authority to suspend its decision after an ERA hearing into the matter in February, to see if matters could be resolved independently.

The Athletes' Cooperative (TAC), a union of 60 elite rowers and cyclists co-chaired by rowing great Mahe Drysdale, want better rights for athletes, improved well-being and more financial security.

The group is seeking to initiate collective bargaining with HPSNZ to negotiate an employment agreement. Currently athletes are contracted to their relevant national sporting organisations, not HPSNZ.

But HPSNZ has maintained the union members cannot enter collective bargaining as they do not have an employment relationship with the organisation.

Drysdale said the opposing parties had continued negotiations but the ERA could not suspend the case indefinitely.

"We hadn't come to an agreement by the time that the ERA said we either had to withdraw the case or they [ERA] have to issue a determination. So we said 'let's go ahead' but we've agreed that we will continue to talk whichever way the decision goes," Drysdale said.

The ERA normally issue a decision within three months of the hearing so a decision could be imminent.

Drysdale said if the ERA ruled in their favour, they would still continue talks with HPSNZ.

"We've both agreed that we'll continue to keep the communication going and try to come to a solution sort of no matter the determinant but either way whether we win or lose I would imagine it could be quite a long process so we'll continue to keep talking hopefully and see how it goes."

Mahé Drysdale on 20 February 2021 at the 2021 Rocket Foods New Zealand National Club Championships, on Lake Ruataniwha in Twizel.

Mahe Drysdale Photo: Photosport

If either side is unhappy with the Authority's decision, it can be challenged in the Employment Court and Drysdale said that was something the union would have to consider at the time.

"Obviously we're in discussions at the moment ...our hope is that we can continue to converse and come to a solution without the legal system but that's something we would assess once we saw the decision and the reasons for that decision.

"I don't know the answer going forward but we will look at the decision when it comes out and each party will make a decision as to where it goes from there."

Drysdale described the negotiations so far as being positive.

"We have differences of opinions but that's why you're in a negotiation process. It's been hard in the fact that we've had the Cycling World Champs and now we're in the middle of the Rowing World Champs so it's sort of a delicate balance.

"We want our members to be involved and it's very hard when they're overseas and competing and focussing on what's important to them which is winning on the world stage, to get them into a room in those negotiations.

"That's why it is taking a long time but we do see the next couple of months as being quite key as they have a little bit more time after their respective world champs but we're also are aware that there are Paris [Olympic] preparations taking place and we don't want to distract them from that."

Drysdale said they had been approached by other codes, interested in joining the union but he said it wasn't that easy.

"We would absolutely love to bring everyone that wants to be involved in but we just don't have the resources to do that so that's sort of something we're grappling with to see whether we could open it up wider.

"The more sports, the more complex it becomes and then you actually need to have some quite good capability to be able to do a good job for all of your members. That's what we're grappling with at the moment. I don't know the answer to be honest as to whether we can or can't but it's certainly something we're considering."