| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 111/06 |
| Hearing date | 26 Jul 2006 |
| Determination date | 28 July 2006 |
| Member | H Doyle |
| Representation | D France ; R McCabe |
| Location | Christchurch |
| Parties | Mount Cook Airline Ltd v NZ Airline Pilots Assn Industrial Union of Workers |
| Summary | BARGAINING – Reference for facilitation – Applicant sought reference to facilitation alleging grounds s50C(1)(b), (c) and (d) ERA applied – Respondent did not oppose reference in principle but submitted that grounds did not exist – Whether bargaining had been unduly protracted and extensive efforts by the parties had failed to resolve difficulties – Bargaining had occurred over 11 month period and parties had met on 30 occasions including four mediation days – Bargaining longer than previous negotiations between parties – Bargaining had been unduly protracted – Extensive efforts made and evidence did not establish any other unexplored avenues or other efforts parties could make – Whether strikes had been protracted – 98 days of strike action – Strikes did not involve complete withdrawal of labour but 262 flights cancelled as result of strike action – Respondent continued to issue strike notice every 14 days – Significant number of passengers (13,700) had had flights disrupted even if just for short period – Complaints had tripled and more irate passengers – Strikes protracted – Whether respondent had proposed strike that would be likely to affect public interest substantially – Applicant alleged that strikes had potential to damage pilot and cabin crew relationship in long term because cabin crew suffered loss of allowances and disruption to plans when flights cancelled - Potential for communication barrier between cabin crew and pilots to create serious safety issue may well have been sufficient for Authority to conclude that ground under s50C(1)(d) existed – However Authority would have wanted to consider more information on international studies about link between accidents and communication, and hear evidence from cabin crew and pilots – Other two grounds for facilitation existed – Parties referred to facilitation - PRACTICE AND PROCEDURE – Respondent applied to join Air New Zealand Ltd to proceedings and for order that Air New Zealand Ltd attend facilitation – No basis for orders sought by respondent in terms of application for reference for facilitation – Air New Zealand Ltd not party to bargaining – Facilitation separate process – Authority had advised parties it would not consider this application - Costs reserved |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s50B;ERA s50C(1)(b);ERA s50C(1)(c);ERA s50C(1)(d);ERA s50C(2) |
| Cases Cited | Port Nelson Ltd v Commerce Commission [1996] 3 NZLR 554;Stagecoach New Zealand Ltd v The New Zealand Tramways Union unreported, J Wilson, 21 April 2005, AA 146/05 |
| Number of Pages | 6 |
| PDF File Link: | ca 111_06.pdf [pdf 78 KB] |