| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 303/08 |
| Hearing date | 21 Aug 2008 |
| Determination date | 21 August 2008 |
| Member | A Dumbleton |
| Representation | R McIlwraith ; K Beck |
| Location | Auckland |
| Parties | Norske Skog Tasman Ltd v Pulp & Paper Industry Council of the Manufacturing & Construction Workers Union |
| Summary | BARGAINING – Reference for facilitation – Applicant sought reference for facilitation under s50C(1)(b) Employment Relations Act 2000 (ERA") – Section 50C(1)(b) required bargaining for collective employment agreement (“CEA”) to be unduly protracted and that extensive efforts, including mediation, had failed to resolve difficulties preventing parties from concluding CEA - Respondent neither consented to or opposed application – Authority found bargaining taken place between parties over 46 days – Satisfied frequent and determined attempts to conclude agreement made – Parties had engaged mediator and industrial relations facilitator – Found relative to other bargaining carried on between same parties and parties associated in industry, negotiation of this particular CEA protracted unduly - Bargaining between parties not only prolonged but excessively so therefore meeting threshold test in ERA – Reference for facilitation ordered" |
| Result | Application granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA 2000 s50B;ERA 2000 s50C(1)(b) |
| Number of Pages | 2 |
| PDF File Link: | aa 303_08.pdf [pdf 14 KB] |