| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 162/04 |
| Hearing date | 17 Dec 2004 |
| Determination date | 22 December 2004 |
| Member | H Doyle |
| Representation | T McGinn ; T Wilton |
| Location | Christchurch |
| Parties | PMP Print Ltd and Anor v New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc |
| Other Parties | PMP Digital Ltd |
| Summary | BARGAINING - Application for reference to facilitation - Applicant alleged breaches of good faith by respondent in bargaining for collective agreement - Respondent did not accept grounds required for reference to facilitation existed - Facilitation provided where serious difficulties not simply ordinary difficulties that arose during collective bargaining - Not enough for Authority to think facilitation would be of assistance to parties - Four grounds for accepting reference set out in s50C(1) Employment Relations Act 2000 supported conclusion there must be serious difficulties - Collective bargaining robust process and lawful strikes and lockouts not precluded - No misrepresentation by respondent to members that applicant's offer was final offer - Respondent attempted to get improved offer before mediation but applicant wished to wait until mediation to make further offer - No breach of good faith in particular circumstances - No sustained breach of good faith in any event - Bargaining not unduly protracted - Limited strike action over 17 days including not operating certain parts of printing process, one 24 hour stoppage, pickets, police involvement and trespass notice - Strikes not acrimonious or protracted - Reference for facilitation not accepted - COSTS - Costs to take into account this was first application for reference for facilitation |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s50A(1);ERA s50C;ERA s50C(1)(a);ERA s50C(1)(b);ERA s50C(1)(c);ERA s50E;ERA s20;ERA s97 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |