| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 201 |
| Determination date | 14 December 2011 |
| Member | M Ryan |
| Representation | S Mitchell ; G Jones |
| Location | Wellington |
| Parties | New Zealand Meat Workers & Related Trade Union Inc v CMP Rangitikei Ltd |
| Summary | BARGAINING – Application for reference to facilitation – Respondent did not oppose application on basis lockout was acrimonious – Respondent initiated bargaining for new collective employment agreement – Parties met informally on nine occasions, formally on four occasions and obtained mediation assistance on five days – Respondent locked out applicant members – Applicant claimed respondent bargained with members directly – Respondent claimed applicant misrepresented proposal to members – Respondent claimed applicant engaged in abusive, intimidatory and threatening behaviour towards non-members – Authority found allegations of breach of good faith not supported by documentary evidence by either party and not able to be properly tested in circumstances where application dealt with urgently – Found not able to make finding that either party failed to comply with duties of good faith – Found bargaining not unduly protracted – Found industrial action between parties was acrimonious – Application for reference to facilitation granted |
| Result | Application granted ; No order for costs |
| Main Category | Bargaining |
| Statutes | ERA s4;ERA s50A;ERA s50B;ERA s50C(1);ERA s50C(1)(a);ERA s50C(1)(a)(i);ERA s50C(1)(b);ERA s50C(1)(c);ERA s50I |
| Cases Cited | McCain Foods (NZ) Ltd v Service & Food Workers Union Nga Ringa Tota Inc [2009] ERNZ 28 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_201.pdf [pdf 26 KB] |