| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 409/08 |
| Determination date | 02 December 2008 |
| Member | R A Monaghan |
| Representation | D France ; L Yukich |
| Location | Auckland |
| Parties | SCA Hygiene Australasia Ltd v Independent Electrical Workers Union |
| Summary | PRACTICE AND PROCEDURE – Application for reference to facilitation – Applicant sought reference of parties’ bargaining to facilitation under ss50C(1)(b) and 50(1)(c) Employment Relations Act 2000 (“ERA”) – Respondent did not oppose application – Authority found collective employment agreement (“CEA”) expired almost two years ago and parties attended numerous negotiation meetings, two mediation sessions and made several written settlement proposals – Found inability to agree on four issues precluding parties from entering CEA – Found progress made on three of four issues, then respondent rejected applicant’s latest offer and withdrew its previous offers – Applicant rejected respondent’s offer of rollover of previous CEA – Respondent did not dispute applicant’s evidence that neither party wiling to vary position – Authority satisfied both limbs of s50C(1)(b) ERA met – Authority found strike action took place – Authority found strike action not protracted and no evidence of acrimony - Found second limb of s50C(1)(c) ERA satisfied – Parties bargaining referred to facilitation under s50C(1)(b) ERA |
| Result | Application granted ; Facilitation ordered ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s50C(1)(b);ERA s50C(1)(c) |
| Number of Pages | 5 |
| PDF File Link: | aa 409_08.pdf [pdf 19 KB] |