| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 25 |
| Hearing date | 14 Mar 2013 |
| Determination date | 18 March 2013 |
| Member | T MacKinnon |
| Representation | A Duncan ; L Dempsey |
| Parties | Service & Food Workers Union Nga Ringa Tota Inc v CCS Disability Action Nelson Marlborough Inc and Ors |
| Other Parties | CCS Disability Action Canterbury & West Coast Inc;CCS Disability Action South Canterbury Inc;CCS Disability Action Waitaki Inc;CCS Disability Action Otago Inc;CCS Disability Action Southland Inc;CCS Disability Action Wairarapa Inc;CCS Disability Action Wellington Inc;CCS Disability Action North Taranaki Inc;CCS Disability Action South and Central Taranaki Inc;CCS Disability Action Manawatu/Horowhenua Inc;CCS Disability Action Tairawhiti Hawke's Bay Inc;CCS Disability Action Gisborne Inc;CCS Disability Action Bay of Plenty Inc;CCS Disability Action Waikato Inc;CCS Disability Action Northland Inc;CCS Disability Action Auckland Inc |
| Summary | BARGAINING – Application for reference to facilitation – Authority found bargaining for new collective employment agreement unduly protracted and parties made extensive efforts to resolve difficulties – Found proposed strike in two regions not likely to affect public interest substantially if strike proceeded – Application for reference to facilitation granted |
| Abstract | Applicant sought reference to facilitation and claimed bargaining had become unduly protracted and extensive efforts had not resulted in collective employment agreement (“CEA”). Applicant claimed strike proposed by employees in two regions likely to affect public interest substantially. Respondents supported application. Parties engaged in bargaining for more than one year. Expired CEA covered applicant’s members working for respondents in certain areas, but parties engaged in bargaining for new CEA to cover applicant’s members working for respondents throughout country. Parties unable to agree on extension of coverage clause in expired CEA to new employer parties and extent to which current terms and conditions to be offered to new employees.;AUTHORITY FOUND –;BARGAINING: Bargaining for new CEA longer than one year and unduly protracted. Parties made extensive efforts, including mediation, to resolve difficulties. Facilitation appropriate in circumstances. While proposed strike could endanger lives, safety or health of some clients in one region, not satisfied lives, safety or health likely to be endangered and more likely respondents would employ or engage other person to assist clients in question. Proposed strike likely to affect social and environmental interests of clients but not satisfied effects likely to be widespread, long term or irreversible. Proposed strike not likely to affect public interest substantially if strike proceeded. Application for reference to facilitation granted. |
| Result | Application granted ; No order for costs |
| Main Category | Bargaining |
| Statutes | ERA;ERA Part 4;ERA s50B;ERA s50C(1);ERA s50C(1)(b);ERA s50C(2);ERA s50C(2)(a);ERA s50C(2)(b);ERA s97(3);ERA s97(4);ERA First Schedule Part A |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Wellington_25.pdf [pdf 203 KB] |