| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 189/05 |
| Hearing date | 2 Nov 2005 - 18 Nov 2005 (2 days) |
| Determination date | 08 December 2005 |
| Member | P R Stapp |
| Representation | T Kennedy ; G Pollak |
| Location | Wellington |
| Parties | New Zealand Public Service Association (Inc) (PSA) v The Chief Executive in respect of the Ministry of Agriculture and Forestry (MAF) |
| Summary | GOOD FAITH – BARGAINING – Competing claims – PSA challenged the right of MAF to cross-initiate for collective bargaining for separate collective employment agreements (CEA") – Also challenged MAF’s good faith in initiating such bargaining when PSA had initiated bargaining for CEA - Sought determination about when bargaining ceased - MAF alleged ratification result was flawed because of conduct of ballot and eligibility of members of PSA who had resigned and subsequently rejoined not being financial members – Also question over validity of ballot - Alleged PSA’s communications with members and encouraging members to communicate directly with Director General breach of good faith – Code of good faith between parties - Authority’s findings – Was nothing to preclude MAF from initiating bargaining for two collective agreements – No breach of good faith in doing so especially since agreement not yet ratified and PSA was raising possibility of further claims – PSA had breached its good faith obligation with misleading communications with members about ratification of agreement reached in mediation when it included a strike notice ballot and sought written feedback and referred to agreement as an offer – PSA’s involvement in arranging direct communications with Director General breach of good faith – PSA did not attend mediation following undertaking to do so – However, appeared to be confusion and argument of legal position on the bargaining and problem so no breach of good faith – Code of good faith should continue to apply between parties involved in bargaining for three separate forms of CEA – No declaration made on ratification ballot result but comments on best practice included in determination – Bargaining continued until such time as either parties agreed it had ended or when it ceased upon the signing of a CEA that had been ratified – Bargaining had not ceased in present case" |
| Result | Orders accordingly ; Costs reserved |
| Number of Pages | 18 |
| PDF File Link: | wa 189_05.pdf [pdf 87 KB] |