| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 78/03 |
| Hearing date | 19 Jun 2003 |
| Determination date | 17 July 2003 |
| Member | H Doyle |
| Representation | A McKenzie ; R Gibson |
| Location | Christchurch |
| Parties | National Union of Public Employees Inc v Richmond Fellowship New Zealand |
| Summary | DISPUTE - Whether bargained in good faith - Whether surface bargaining - Good faith bargaining process entered into following mediation - Series of meetings between parties - Suggestion by respondent to halt negotiations for collective and discuss individual terms and conditions - Respondent indicated preference for individual agreements - Indicated willingness to listen but preference unchanged - Members agreed to adjourn collective bargaining for one month to discuss individual agreements - Respondent's offer to halt collective and discuss individual terms withdrawn and advised of wish to resume bargaining - Authority mindful that possibility of future collective negotiations existed - Whole course of conduct between parties considered - Surface bargaining not established - Respondent's actions expressing they did not want a collective and suggesting individual negotiations not consistent with good faith bargaining - Unhelpful to find breach of good faith since good faith bargaining process was signed - Suggestion to halt collective, enter into individual negotiations, and indication that respondent did not want collective agreement breached duty of good faith - Advice that would be no movement by respondent in key areas breached good faith - Unions members appeared to be in worse position to non-union members - Remedies reserved |
| Result | Questions answered ; Remedies reserved ; Costs reserved |
| Statutes | ERA s3;ERA s4;ERA s32;ERA s32(1);ERA s32(3);ERA s33;ERA s34 |
| Number of Pages | 10 |
| PDF File Link: | ca 78_03.pdf [pdf 65 KB] |