| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 134/01 |
| Determination date | 17 September 2001 |
| Member | R A Monaghan |
| Representation | J Lawrie ; M Beech |
| Location | Auckland |
| Parties | National Distribution Union v Sawmill Services Ltd |
| Other Parties | Waipa Forklift Services Ltd, Waipa Log Transfer Ltd, Koromiko Forklift Services Ltd |
| Summary | BARGAINING - Duty of good faith - Compliance orders sought - Bargaining initiated for multi-employer collective agreement - Alleged MECA inappropriate because no similarity in operation of business - Claimed breach of good faith because closed minds during negotiation - No obligation to enter into MECA - Permissible to state preference for type of agreement - Bargaining to continue despite stalemate - Applicant's mind also closed to issue - No breach of good faith - Parties ordered to participate in bargaining |
| Result | Application dismissed ; Compliance ordered ; Costs reserved |
| Statutes | ERA s4;ERA s31;ERA s31(e);ERA s32;ERA s33;ERA s34;ERA s35;ERA s42;ERA s45;ERA s221 |
| Cases Cited | NZ Amalgamated Engineering etc Union v Independent Newspapers Ltd unreported, GJ Wood, 3 August 2001, WA 51/01 |
| Number of Pages | 8 |
| PDF File Link: | aa 134_01.pdf [pdf 38 KB] |