| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 222/08 |
| Hearing date | 27 Jun 2008 |
| Determination date | 30 June 2008 |
| Member | D King |
| Representation | R McCabe ; K Thompson |
| Location | Auckland |
| Parties | New Zealand Air Line Pilots' Association Inc v Air Nelson Ltd |
| Summary | BARGAINING – Reference for facilitation – Applicant sought provision of facilitation from Authority to help parties resolve serious difficulties in concluding collective agreement (“CA”) – Respondent neither supported nor opposed application, however, did not believe thresholds under ERA met – Respondent argued even if mandatory grounds met, Authority should not exercise discretion to direct – Argued that as prerequisite to facilitation under s50A ERA, parties must have serious difficulties – Applicant claimed wording of s50C(1) ERA meant Authority must accept reference to facilitation if one or more grounds set out in s50C ERA exist – Authority cited New Zealand Meat Workers and related Trades Union v Crusader Meats NZ Ltd (AA 157/07) where Authority found s50C was “framed in terms of a presumption against facilitation unless prescribed circumstances are present” – Authority in this case did not think there was discretion to refuse facilitation if parties having serious difficulties and any criteria in s50C ERA satisfied – Criteria listed in s50C ERA are those indicative of there being serious difficulties – Applicant sought facilitation under ss50C(1)(b), 50C(1)(c) and 50C(1)(d) ERA – Respondent alleged bargaining not unduly protracted and no extensive effort to settle CEA – Also alleged strikes not protracted or acrimonious and no substantial affect on public interest – Authority not convinced bargaining unduly protracted as very limited bargaining in last six months and limited use of mediation – Proposed strike action likely to cause inconvenience and disruption but no real and substantial risk consequences will be widespread, irreversible or long term – Criteria under ss50C(1)(b) ERA and 50C(1)(d) ERA not met – Respondent argued strike action did not constitute protracted strike action – Authority found “protracted” means “prolonged” or “lengthy” – Large number of separate strike notices issued and acted upon did not mean strike action was not prolonged or lengthy – Grounds for reference to facilitation met under s50C(1)(c) ERA – Facilitation ordered |
| Result | Application granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | s50A ERA;s50B ERA;s50C(1);s50C(1)(b);s50C(1)(c);s50C(1)(d);s53(3) |
| Cases Cited | New Zealand Meat Workers and related Trades Union v Crusader Meats NZ Limited (AA157/07, L Robinson, 24/05/07) |
| Number of Pages | 5 |
| PDF File Link: | aa 222_08.pdf [pdf 28 KB] |