| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 172/08 |
| Hearing date | 8 May 2008 |
| Determination date | 09 May 2008 |
| Member | A Dumbleton |
| Representation | S Mitchell ; A Caisley |
| Location | Auckland |
| Parties | Service & Food Workers Union Nga Ringa Tota Inc v Air New Zealand Ltd |
| Summary | BARGAINING - Facilitation – Application for reference to facilitation – Outcome of earlier investigation meeting directed parties to mediation – Authority suspended investigation of reference until parties attempted to reach agreement using mediation – Meeting resumed after parties failed to reach agreement in mediation – Applicant accepted Authority must be satisfied bargaining unduly protracted and extensive efforts failed to resolve difficulties precluding parties entering into agreement – Accepted applicant having serious difficulty concluding collective – 12 months since bargaining initiated and no advance towards settlement in last 4 months – Authority satisfied extensive efforts made by parties failed to resolve bargaining – Key issue whether bargaining unduly protracted – Mere passage of 12 months not reason for finding bargaining unduly protracted – Bargaining protracted due to parties seeking to reflect settlement of collective covering other workers performing same or similar work to members of applicant, by NZEPMU – Authority had regard to occasions when bargaining took place in determining whether bargaining unduly or excessively protracted – Respondent submitted about 20 days on which parties have bargained in last 12 months – Authority found bargaining not “excessively” prolonged, however, clear that bargaining had stalled and would benefit from some outside influence to restart it – Test is clear as to requirements before reference under s 50B ERA can be accepted by Authority – Application declined |
| Result | Application dismissed |
| Main Category | Bargaining |
| Statutes | ERA s50B;ERA s50C(1)(b);ERA s50C(1)(b)(i) |
| Number of Pages | 4 |
| PDF File Link: | aa 172_08.pdf [pdf 18 KB] |