| Summary |
BARGAINING - Reference for facilitation - Applicant alleged bargaining had been unduly protracted under s50C(1)(b) ERA - Respondent's employees currently on individual employment agreements (green fields situation) - Applicant had about 20 members working for respondent out of about 90 grants staff whose work could potentially be covered by a collective employment agreement - Since July 2004 there had been meetings, correspondence and offers, mediations and low level industrial action but no concluded collective agreement - Authority needed to be satisfied that bargaining had been unduly protracted and that extensive efforts which included mediation had failed to resolve difficulties that precluded parties from entering into collective agreement - Where there was no existing relationship it could take longer for parties to conclude collective agreement - Balanced against that there were only about 20 union members employed by respondent, and limited occupational groups of members who could potentially be covered - Parties attended mediation for third time in knowledge that application for reference to facilitation before Authority - Authority accepted that, with assistance of mediator, parties did make real effort to resolve difficulties but could not do so - Authority satisfied bargaining unduly protracted - Parties referred to Authority for facilitation - Both parties agreed Wellington was suitable venue for facilitation - COSTS - Parties agreed costs to lie where they fall |