Photo: SWPix
High Performance Sport New Zealand is to appeal a decision allowing New Zealand's top rowers and cyclists to begin collective bargaining with it.
HPSNZ had rejected earlier moves to negotiate a collective agreement with the Athletes Cooperative co chaired by Olympic great Mahe Drysdale and representing around 60 athletes.
However last month the Employment Relations Authority found that the government agency is obligated to engage in good-faith collective bargaining with the cooperative.
HPSNZ director of high performance Steve Tew. Photo: Andrew Cornaga / www.photosport.nz
HPSNZ director Steve Tew says after obtaining a second legal opinion they will challenge the decision in the Employment Court.
"We believe the ERA ruling could have implications not just for HPSNZ, but other Government agencies and business across New Zealand.
"Given those wider implications, we believe it is important that we ask the Employment Court to clarify and confirm the legal position," Tew said.
Tew feels if any employment relationship exists then its between the athletes and their respective national sports bodies.
However he said they will undertake negotiations with the Athletes Co-Operative while the appeal process takes place.
"We want to create an environment where the athletes believe their voice is heard.
"All of those people have to have environment where they can thrive where they can push themselves hard because that is what high performance requires and where they are all treated with respect and being treated fairly and clearly there are a group of athletes...who don't feel that is the case and we need to listen to that and try and do better."
Tew doesn't believe though an employment relationship exists between HPSNZ and the athletes that are funded through them.
"If there is going to be a direct relationship, it's clearly with the national sporting organisations..they find them in the talent pathway. They select them into the high performance programme. They will shape those programmes around an athlete on a daily basis," said Tew.
"They will determine who goes to pinnacle events and how those campaigns are run and they will debrief them and ultimately they will help those athletes transition out of their high performance careers and help them go on to do other things. That's what national sporting organisations do."
Mahe Drysdale at the National Club Championships in 2021. Photo: Photosport
Athlete's Co-operative co-chair Mahe Drysdale was surprised HPSNZ had decided to appeal.
"It's a little bit disappointing that they are going to spend taxpayers money on fighting a legal battle in the courts rather than actually putting that toward the athletes and getting those world class performances on the world stage.
"They are going to cry poor to us and say we don't have enough money we can't do this yet they've got plenty of money to go and spend on lawyers it's just where your priorities are I guess.
"They're willing to do anything to not engage and have a meaningful relationship with the athletes. They can say the NSOs employ us but at the end of the day they have all the money, they have all the control and unless they want to become just a funding organisation, and that means they've got to pull all of their staff, they're effectively running sport in this country.
"But we are happy we are going to get to sit around the table with them and start that negotiation process while we wait for this legal battle to take place."
Drysdale is hopeful discussions with HPSNZ in the coming weeks can "show them a better way forward" and that the appeal is withdrawn.
HPSNZ's appeal with the Employment Court will be lodged ahead of the deadline which is Friday 23 February.