| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 359/07 |
| Determination date | 16 November 2007 |
| Member | Y S Oldfield |
| Representation | S Mitchell ; J Hardaker |
| Location | Auckland |
| Parties | NZ Meatworkers & Related Trades Union of Workers v Crusader Meats Ltd |
| Summary | BARGAINING – Application for reference to facilitation – Authority earlier declined reference – Authority found negotiations not unduly protracted and had not been extensive efforts to resolve issues – Applicant claimed despite further attempts to progress matter, unable to resolve impasse and situation markedly worse since first application – Respondent supported current application - Since earlier determination parties had revised offers, convened further bargaining meetings, and engaged in mediation and industrial action – Applicant given notice of further lockouts – What constituted “unduly protracted” bargaining and a reasonable timeframe for completion of process could depend on circumstances of bargaining – Factors impacting on task included nature of industry involved, complexity of document under negotiation, extent of its coverage and past history, and level of union membership – Approximately 10 percent of respondent’s employees members of applicant – Nearly two years passed since bargaining initiated for relatively small group of workers – In circumstances Authority satisfied bargaining now unduly protracted – Parties’ considered had reached deadlock - Parties expended additional time and effort to resolve matter - Situation materially different from that whe earlier determination issued - Threshold in s50C(1)(b) Employment Relations Act 2000 satisfied – Parties referred to facilitation |
| Result | Application granted ; No order for costs |
| Main Category | Bargaining |
| Statutes | ERA s50C(1)(b) |
| Cases Cited | NZ Meat Workers & Related Trades Union v Crusader Meats NZ Ltd unreported, L Robinson, 24 May 2007, AA 157/07 |
| Number of Pages | 4 |
| PDF File Link: | aa 359_07.pdf [pdf 19 KB] |