| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 263/07 |
| Hearing date | 20 Aug 2007 |
| Determination date | 28 August 2007 |
| Member | M Urlich |
| Representation | H White ; M Ryan |
| Location | Auckland |
| Parties | Unite Union Inc v Gateway Motel Ltd |
| Summary | BARGAINING – Reference for facilitation – Applicant alleged respondent breached bargaining agreement and good faith obligations - Facilitation not opposed by respondent - Despite two bargaining sessions, two mediations, correspondence, industrial action and lockout, collective employment agreement (CEA") not concluded – Authority not satisfied respondent engaged in good faith collective bargaining – Bargaining agreement breached without reasonable explanation - Union delegates disciplined because of union activity – Respondent first tabled proposed CEA as attachment to lockout notice – Respondent communicated directly with members about contracting out proposal before discussed with applicant - Breaches of good faith serious and ongoing – Parties stuck – Union members currently locked out - Parties unable to resume bargaining – Bargaining unduly protracted and unresolved - Industrial action protracted and acrimonious – Section 50C(1)(a), (b) and (c) Employment Relations Act 2000 grounds for facilitation existed – Parties referred to facilitation" |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50A(1);ERA s50B;ERA s50C;ERA s50C(1);ERA s50C(1)(a);ERA s50C(1)(b);ERA s50C(1)(c) |
| Number of Pages | 7 |
| PDF File Link: | aa 263_07.pdf [pdf 25 KB] |