| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 106 |
| Hearing date | 7 Jun 2013 |
| Determination date | 10 June 2013 |
| Member | D Appleton |
| Representation | K O'Sullivan ; J Copeland |
| Location | Dunedin |
| Parties | New Zealand Tramways and Public Passenger Transport Employees Union - Dunedin Inc v Invercargill Passenger Transport Ltd |
| Summary | BARGAINING – Application for reference to facilitation – Respondent took over bus company – Inherited collective agreement - Applicant initiated bargaining – Respondent unaware previous collective agreement would remain in force following expiry – Respondent proposed changes to existing collective agreement - Multiple proposals rejected by both parties – Whether applicant unwilling to meet, explain and discuss proposal – Mediation unsuccessful – Applicant ignored request for further bargaining meeting - Whether bargaining unduly protracted |
| Abstract | AUTHORITY FOUND –;BARGAINING: Mutual misunderstanding about roadblocks to agreement. Respondent had already made concessions applicant sought. Parties close to settling differences. No serious difficulties concluding agreement. Facilitation could not be sought when unclear what matters needed referring. Parties likely to conclude agreement. Relatively few negotiations. Respondent largely proactive. Bargaining not unduly protracted. Application for reference to facilitation declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s3 – ERA s31 – ERA s31(d) – ERA s31(1)(ca) - ERA s32 – ERA s33 - ERA s50A – ERA s50A(1) - ERA s50B – ERA s50B(1) - ERA S50C - ERA s50C(1)(b) – ERA s50C(1)(b)(i) – ERA s50C(1)(b)(ii) |
| Cases Cited | McCain Foods (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc [2009] ERNZ 28;Service and Food Workers Union Nga Ringa Tota Inc v Sanford Ltd [2012] NZEmpC 168 |
| Number of Pages | 19 |
| PDF File Link: | 2013_NZERA_Christchurch_106.pdf [pdf 277 KB] |