| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 16/07 |
| Hearing date | 18 Jan 2007 |
| Determination date | 01 February 2007 |
| Member | D Asher |
| Representation | P Cranney ; P McBride |
| Location | Wellington |
| Parties | Service and Food Workers Union Nga Ringa Tota Inc v Auckland District Health Board and 19 Ors |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant claimed respondents in breach of duty of good faith to conclude multi-employer collective agreement (“MECA”) under s33 Employment Relations Act 2000 (ERA") - Also claimed in breach of duty in ERA Schedule 1B cl 6(1) to support MECA - Issue novel, untested and central to employment relationship problem - Important questions of law likely to arise other than incidentally - Matter also involved essential service bargaining problem, issue of promotion of productive employment relationships in public sector in context of Schedule 1B obligations that every employer be a good employer (cl 5) and, parties obligation to recognise and support Treaty of Waitangi principles (cl 7) - Respondents did not submit statements in reply – Satisfied statements of defence required by Court would properly inform it of respondents' positions and avoid unnecessary costs - Requirement for statements in reply waivered - Matter removed to Court" |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s33, ERA s178, ERA s178(2), ERA Schedule 1B cl5, ERA Schedule 1B cl6(1), ERA Schedule 1B cl7, Employment Relations Authority Regulations 2000 cl8 |
| Number of Pages | 3 |
| PDF File Link: | wa 16_07.pdf [pdf 16 KB] |