| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 217/08 |
| Determination date | 23 June 2008 |
| Member | R Arthur |
| Representation | R Bianchi, P Graham ; S Wilson |
| Location | Auckland |
| Parties | Northern Amalgamated Workers Union v Stevenson Precast Systems Ltd |
| Summary | JURISDICTION - BARGAINING - DISPUTE - Applicant sought declaration that terms for renewal of collective employment agreement were concluded on certain and enforceable basis - Respondent denied agreement reached - Also questioned Authority’s jurisdiction to determine matter as it related to bargaining that is claimed had not resulted in concluded agreement - Authority not excluded from answering essential or necessary preliminary question raised by application - Applicant not seeking Authority’s intervention in bargaining or fixing new terms and conditions - Authority had jurisdiction - Parties began bargaining - Respondent made “final offer” - Applicant indicated would accept terms but wanted further discussion on issue of overtime - Parties unable to reach further agreement - Applicant subsequently agreed to accept original “final offer” - However, respondent believed bargaining had been re-opened and no agreement to accept - Applicant’s members had not ratified proposed terms, instead wanted applicant to continue bargaining on overtime issue - No meeting of the minds - No concluded agreement - Application declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s161(2) |
| Number of Pages | 7 |
| PDF File Link: | aa 217_08.pdf [pdf 25 KB] |