| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 112 |
| Determination date | 27 September 2012 |
| Member | G J Wood |
| Representation | P Cranney ; R Dugger |
| Parties | New Zealand Public Service Association Inc v Refugee Services Aotearoa New Zealand Inc |
| Summary | BARGAINING – Application for reference to facilitation – Authority found more than two years bargaining without settlement was unduly protracted bargaining - Found, given length of time involved, number of meetings and only one issue remaining unresolved, on balance of probabilities extensive efforts by parties had failed to resolve difficulties - Application for reference to facilitation granted |
| Abstract | Applicant sought reference to facilitation and claimed bargaining had become unduly protracted and parties’ extensive efforts had not resulted in collective employment agreement (“CEA”). Respondent did not make submissions on facilitation application. Applicant claimed parties had been bargaining for over two years and respondent agreed bargaining “lengthy.” Parties disputed whether respondent’s employees could be engaged outside CEA for first 30 days of employment through variation clause. Respondent claimed would be contrary to intent of Employment Relations Act 2000 (“ERA”). Bargaining had occurred on five occasion and one mediation held.;AUTHORITY FOUND –;BARGAINING: As issue in dispute very narrow and potential legal issues around application of s62 ERA, further mediation would not be constructive. More than two years bargaining without settlement was unduly protracted bargaining. Given length of time involved, number of meetings and only one issue remaining unresolved, Authority satisfied on balance of probabilities extensive efforts by parties had failed to resolve difficulties. Facilitation appropriate in circumstances. Application for reference to facilitation granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50C;ERA s50C(1)(b)(ii);ERA s62 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Wellington_112.pdf [pdf 135 KB] |