| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 53/05 |
| Hearing date | 7 Apr 2005 |
| Determination date | 15 April 2005 |
| Member | P Cheyne |
| Representation | G Browne ; V Donaghy |
| Location | Christchurch |
| Parties | Finegand Sub Branch of the New Zealand Meat Workers Union v Primary Producers Co-operative Society |
| Summary | BARGAINING - GOOD FAITH - Reference for facilitation under s50C Employment Relations Act 2000 (ERA") - Application for Authority to fix provisions of collective agreement under s50J ERA - Alleged serious and sustained breach of good faith by respondent undermining bargaining - Alleged respondent showed no genuine interest in settling agreement - Significant gulf between parties' positions did not constitute breach of good faith - Respondent did nothing improper by refusing to bind itself to third party arbitration - Respondent offered copy of annual report rather than responding to information request - Misleading conduct as it implied other information was not available - However breach of good faith was not serious and sustained and did not undermine bargaining - Alleged bargaining unduly protracted - Efforts to resolve differences mostly occurred between February 2003 and February 2004 but work was seasonal - Bargaining not unduly protracted - Alleged protracted or acrimonious strikes - Three strikes of three days, two days and one day - Strikes not acrimonious or protracted in this situation - Grounds for reference for facilitation not established - Alleged there was serious and sustained breach of good faith under s50J(3) ERA empowering Authority to fix terms of collective agreement - Higher test than reference for facilitation under s50C(1)(a) ERA - Test not met - Authority did not accept all other reasonable alternatives had been exhausted or that fixing terms was only effective remedy - Grounds for Authority to fix terms not established - Costs reserved" |
| Result | Application dismissed ; Costs reserved |
| Statutes | Employment Relations Amendment Act (No 2) 2004;ERA s32(1)(e);ERA s34;ERA s50C;ERA s50C(1)(a);ERA s50C(1)(b);ERA s50C(1)(c);ERA s50J;ERA s50J(1)(c) |
| Cases Cited | Service & Food Workers Union Inc v Air New Zealand Ltd unreported, A Dumbleton, 19 January 2005, AA 11/05 |
| Number of Pages | 5 |
| PDF File Link: | ca 53_05.pdf [pdf 31 KB] |