Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 146/05
Hearing date 15 Apr 2005
Determination date 21 April 2005
Member J Wilson
Representation A Caisley ; B Spong, G Froggatt
Location Auckland
Parties Stagecoach New Zealand Ltd v The New Zealand Tramways Union and Ors
Other Parties The Akarana Public Transport Drivers Association, The NZ Engineering Printing and Manufacturing Union, National Distribution Union
Summary BARGAINING - Reference for facilitation - Applicant and four respondent unions had attempted to negotiate new collective agreement to cover bus drivers - Applicant sought facilitation - Alleged protracted strikes - Industrial action over past month included working to rule and overtime bans - Series of four hour stop work meetings - 24 hour full strike - Industrial action disruptive and costly but not protracted strikes - Alleged further proposed strike would be likely to affect public interest substantially - In public interest that strikes did not take place - However public interest must be affected substantially" as defined - Could not yet be said disruption was likely to be widespread, long term, or irreversible - Alleged bargaining had been unduly protracted - Met in formal negotiations on 27 days over last seven months - Also informal discussions - Parties had actively engaged in substantial negotiations - Reduced number of outstanding matters substantially - Bargaining had been unduly protracted and despite extensive efforts failed to resolve difficulties - Reference to facilitation accepted"
Result Application granted ; Reference to facilitation accepted ; No order for costs
Statutes ERA s50D;ERA s50C;ERA s50C(1)(b);ERA s50C(1)(c);ERA s50C(1)(d);ERA s50C(2)
Number of Pages 4
PDF File Link: aa 146_05.pdf [pdf 18 KB]