| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 168/08 |
| Hearing date | 5 Dec 2008 |
| Determination date | 15 December 2008 |
| Member | P R Stapp |
| Representation | T Oldfield ; R Towner |
| Location | Napier |
| Parties | Service and Food Workers Union Nga Ringa Tota Inc. v McCain Foods (NZ) Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for facilitation under s50B, s50C(1)(b)(i) and s50C(1)(b)(ii) Employment Relations Act 2000 – Respondent opposed application – Parties negotiating collective employment agreement (“CEA”) to apply to respondent’s site which had never had CEA - Authority found parties’ different approaches to bargaining led to impasse - Applicant rejected respondent’s “best offer” - No further attempts to negotiate because of positions parties reached – Authority found serious difficulties between parties in concluding CEA - Two year lapse of time did not on its own mean negotiations unduly protracted because some delays unrelated to bargaining – However, combination of events and situation reached where had been six draft versions of proposed CEA meant that negotiations unduly protracted – Had been seven negotiation meetings, including use of Department of Labour mediator on four occasions – Authority concluded was serious difficulty over core issue on approach to pay that was hindering progress being made so negotiation of CEA stalled – Facilitation ordered |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s50B;ERA s50C(1)(b)(i);ERA s50C(1)(b)(ii) |
| Number of Pages | 6 |
| PDF File Link: | wa 168_08.pdf [pdf 30 KB] |