| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 395/08 |
| Determination date | 19 November 2008 |
| Member | Y S Oldfield |
| Representation | K Dunn ; L Yukich |
| Location | Auckland |
| Parties | Norske Skog Tasman Ltd v Eastern Bay of Plenty Independent Industrial Workers Union 1995 Inc. |
| Summary | PRACTICE AND PROCEDURE – Application for reference for facilitation pursuant to s50C(1)(b) Employment Relations Act 2000 – Respondent did not oppose application – Authority noted would not refer parties to facilitation simply by their agreement – Almost two years since bargaining for new collective employment agreement (“CEA”) began – Forty separate meetings – Further seven meetings with other on site unions also present – Two days mediation – Three separate sets of proceedings in Authority relating to bargaining also undertaken during that time – Members of respondent union had withdrawn labour on two occasions – Respondent union members moved to individual employment agreements – Applicant settled three other CEA with different unions - Authority satisfied, given number of meetings between parties and length of time since bargaining initiated, that bargaining unduly protracted and extensive efforts failed to resolve difficulties that precluded parties from entering into CEA – Facilitation ordered |
| Result | Application granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50C(1)(b) |
| Cases Cited | Service & Food Workers Union Inc v Air New Zealand Ltd (A Dumbleton, 19 Jan 2005, AA 11/05) |
| Number of Pages | 3 |
| PDF File Link: | aa 395_08.pdf [pdf 16 KB] |