| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 237/03 |
| Hearing date | 25 Jul 2003 |
| Determination date | 06 August 2003 |
| Member | J Wilson |
| Representation | S Mitchell ; R Towner |
| Location | Auckland |
| Parties | National Distribution Union (Inc) v Boise New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged important question of law of whether party to collective bargaining could refuse to bargain for collective agreement due to preference for individual employment agreements - Similar questions often answered in Authority - More central question to be answered was extent of bargaining required to satisfy good faith requirement - Authority ideal forum for question to be answered - Application declined - Fundamental issue was nature of relationship between parties and union members - Parties directed to hold further discussions if necessary using mediation service |
| Result | Application declined ; Orders accordingly ; Costs reserved |
| Statutes | ERA s11;ERA s32(1)(a);ERA s42;ERA s157;ERA s178;ERA s214 |
| Cases Cited | National Distribution Union v Sawmill Services Ltd unreported, R A Monaghan, 17 September 2001, AA 134/01;NZ Amalgamated Engineering, Printing, and Manufacturing Union Inc v Carter Holt Harvey unreported, Colgan J, 20 June 2002, AC 36/02;NZ Amalgamated Engineering Printing & Manufacturing Union (Inc) v Independent Newspapers Ltd unreported, G J Wood, 3 August 2001, WA 51/01 |
| Number of Pages | 5 |
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