| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 200 |
| Hearing date | 30-Aug-17 |
| Determination date | 16 November 2017 |
| Member | H Doyle |
| Representation | P Cranney, G Liu ; P Swarbrick |
| Location | Invercargill |
| Parties | First Union Inc v Kaikorai Service Centre Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought Authority to fix provisions of bargained collective agreement under s50J of Employment Relations Act 2000 (“ERA”) – BARGAINING – GOOD FAITH – Applicant claimed subject to unfair bargaining – Whether respondent breached obligations of good faith |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Grounds under s 50J(3) of ERA not made out to satisfy fixing provisions of collective agreement. Respondent allowed opportunity to remedy breach of good faith before Authority fixes provisions of collective agreement. BARGAINING: Respondent refused to collectively bargain with applicant about wages.Collective bargaining concerning wages required in the circumstances.Breach of good faith by respondent. Breach sufficiently serious and sustained over long period of time. Not satisfied there are no reasonable alternatives to reach agreement. Unfair bargaining. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s3;ERA s4;ERA s4(1A)(b);ERA s12;ERA s12(a);ERA s18;ERA s18(1);ERA s32;ERA s32(3);ERA s32(3)(c);ERA s32(5);ERA s50J;ERA s50J(2);ERA s50J(3);ERA s54(2);ERA s54(3) |
| Cases Cited | First Union v Jacks Hardware and Timber Ltd [2015] NZEmpC 230;New Zealand Public Service Association Inc v Secretary for justice [2010] NZEmpC 11 |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Christchurch_200.pdf [pdf 150 KB] |