| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 184 |
| Hearing date | 23 Aug 2012 |
| Determination date | 29 August 2012 |
| Member | D Appleton |
| Representation | T Oldfield ; P Tremewan |
| Location | Blenheim |
| Parties | The Service & Food Workers Union Nga Ringa Tota Inc v Sanford Ltd |
| Summary | BARGAINING – Application for reference to facilitation on ground bargaining had become unduly protracted – Authority found even if correspondence taken into account, parties had not made extensive efforts to resolve difficulties – Found parties not having serious difficulties concluding collective agreement - Application for reference to facilitation declined |
| Abstract | Applicant sought reference to facilitation on grounds parties’ bargaining had become unduly protracted and extensive efforts to resolve difficulties had failed. Respondent opposed application and claimed statutory criteria not met. Parties disputed whether should be increase to 45 hour week, whether night shift allowance should be retained and scope of wage increases. Applicant claimed over three years since bargaining initiated although applicant membership not large and parties’ collective agreement not complex. Parties disputed whether stalling of negotiations ended initial bargaining process so bargaining started again year ago.;AUTHORITY FOUND –;BARGAINING: Authority noted parties’ issues not inherently complex. Pay increase and 45 hour week were two of three main issues parties negotiating before and after negotiations stalled therefore artificial to view bargaining as starting again year ago. Even if correspondence taken into account, parties had not made extensive efforts to resolve difficulties. Parties not having serious difficulties concluding collective agreement. Application for reference to facilitation declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s5;ERA s42;ERA s50A;ERA s50A(1);ERA s50B;ERA s50C(1)(b);ERA s53 |
| Cases Cited | McCain Foods (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc [2009] ERNZ 28 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Christchurch_184.pdf [pdf 168 KB] |