| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 71/05 |
| Determination date | 06 May 2005 |
| Member | D Asher |
| Representation | L Highfield ; P Jennings |
| Location | Wellington |
| Parties | Service & Food Workers Union Inc v Spotless Services (NZ) Ltd |
| Summary | BARGAINING - Reference for facilitation – On two occasions, had reached settlement subject to ratification, but each time union members rejected proposed settlements – Five days of strike actions and threatened lockouts by respondent (restrained by interim injunction in Employment Court) – Applicant alleged bargaining unduly protracted (over 10 months) and showed no signs of settling – Respondent believed was room for further negotiation in respect of the collective agreement – Present offer remained on table - Authority held that facilitation process clearly intended for situations of serious difficulty not ordinary difficulties that typically characterised collective bargaining – Not satisfied bargaining unduly protracted, or that strikes or proposed lockout protracted or acrimonious – When compared to other instances of collective agreement negotiations, bargaining period could not be said to be uncommonly long – No evidence of industrial action impacting substantially on public – Facilitation may be appropriate at future date, but not at present – Discretion exercised against facilitation – Parties directed to mediation |
| Result | Application dismissed ; Parties directed to mediation ; No order for costs |
| Statutes | ERA s50A;ERA s50B;ERA s50C;ERA s50D;ERA s50E;ERA s50F;ERA s50G;ERA s50H;ERA s50I;ERA s159 |
| Cases Cited | PMP Print Ltd and Anor v New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc unreported, H Doyle, 22 December 2004, CA 162/04 |
| Number of Pages | 5 |
| PDF File Link: | wa 71_05.pdf [pdf 20 KB] |