| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 51 |
| Determination date | 01 May 2012 |
| Member | M Ryan |
| Representation | P Cranney ; R Webster |
| Location | Wellington |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Affco New Zealand |
| Summary | BARGAINING – Application for reference to facilitation – Applicant sought reference to facilitation under s50C(1)(c) Employment Relations Act 2000 – Applicant claimed had been protracted or acrimonious strikes and lockouts between parties during bargaining for collective employment agreement – Matter determined on papers – Respondent did not oppose application but denied strikes and lockouts had been protracted – Respondent claimed applicant not bargaining in good faith – Applicant claimed unable to properly consider respondent’s new claims before respondent required response – Applicant members locked out – Respondent claimed purpose of lockout to persuade applicant to engage in meaningful negotiation – Applicant claimed purpose of lockout to pressure applicant members to accept individual employment agreements and unlawful – Applicant served multiple strike notices – Respondent denied lockouts protracted – Authority found some applicant members had been locked out for two months and lockout ongoing – Found labour strikes had continued nearly three weeks – Found lockout had not yet become protracted – Respondent complained to Serious Fraud Office (“SFO”) applicant had mismanaged funds – Applicant claimed respondent made allegations to undermine applicant’s relationship with members and public - SFO did not find evidence of serious fraud – Respondent claimed applicant had organised boycott of respondent’s products and publicly criticised respondent – Found parties’ actions widely reported by media – Found sufficient evidence of acrimony between parties - Application for reference to facilitation granted |
| Result | Application granted ; No order for costs |
| Main Category | Bargaining |
| Statutes | ERA s50A;ERA s50B;ERA s50C;ERA s50C(1)(a);ERA s50C(1)(b);ERA s50C(1)(c);ERA s50C(1)(d);ERA s50D;ERA s50E;ERA s50F;ERA s50G;ERA s50H;ERA s50I;ERA s53 |
| Cases Cited | Service & Food Workers Union Inc v Air New Zealand Ltd (2005) 7 NZELC 97,785 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Wellington_51.pdf [pdf 32 KB] |