| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 192 |
| Hearing date | 15 Feb 2012 |
| Determination date | 05 June 2012 |
| Member | D King |
| Representation | M Treen ; S Langton |
| Location | Auckland |
| Parties | Unite Union Inc v First Security Guard Services Ltd |
| Summary | GOOD FAITH – BARGAINING – Applicant claimed respondent passed on terms of collective employment agreement (“CEA”) to non-union employees – Authority found compensation offered to non-union employees not substantially similar to back pay in CEA – Found CEA not undermined – Found no intention to undermine CEA – No breach of good faith |
| Abstract | Applicant claimed respondent passed on terms of collective employment agreement (“CEA”) to non-union employees. CEA contained back-dated pay increase for union employees. Respondent agreed terms of CEA not to be automatically passed on to non-union employees but respondent signalled intention to make comparable pay offer to non-union employees. Respondent made offer of same pay increase to non-union employees along with compensation for lateness of offer. Compensation payment greater than sum many union employees received as back pay under CEA. Applicant claimed compensation payment substantially similar to back pay.;AUTHORITY FOUND –;GOOD FAITH – BARGAINING: Compensation payment to non-union employees not substantially similar to back pay to union employees. Respondent bargained with non-union employees about terms of individual employment agreements. Respondent consulted applicant and clearly signalled intention to make comparable pay offer to non-union employees. Any reduction in membership of applicant caused by offer to non-union employees minimal. CEA not undermined. No intention to undermine CEA. No breach of good faith. |
| Result | Application dismissed; Costs reserved |
| Main Category | Good Faith |
| Statutes | ERA s4;ERA s9(1)(b);ERA s59B;ERA s59B(1);ERA s59B(2);ERA s59B(6) |
| Cases Cited | National Distribution Union Inc v General Distributors Ltd [2007] ERNZ 120 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_192.pdf [pdf 32 KB] |