| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 211/09 |
| Hearing date | 25 Jun 2009 |
| Determination date | 26 June 2009 |
| Member | L Robinson |
| Representation | A Caisley, R Larmer ; G Lloyd |
| Location | Auckland |
| Parties | Zeal 320 Ltd v Engineering Printing and Manufacturing Union Inc |
| Summary | BARGAINING – Applicant applied for reference to facilitation under ss50C(1)(b) and 50C(1)(c) Employment Relations Act 2000 (“ERA”) – Respondent opposed application on grounds statutory tests not met, application abuse of process and bargaining should continue – Authority granted urgency for application – Work performed was essential industry – Applicant contracted to provide cabin crew services to Air New Zealand Limited – No current or expired collective employment agreement (“CEA”) – Respondent’s members resigned from former union (“FARSA”) to join respondent – Terms and conditions of employment based on expired FARSA CEA – Parties bargaining for CEA for over ten months – Respondent had numerous unresolved claims, with primary issue relating to pay claims - Authority noted where statutory criteria satisfied, no discretion to refuse facilitation – Authority found “protracted” under s50C(1)(c) ERA meant “prolonged” or “continued” – Found qualifiers of protraction and acrimony were in the alternative – Found no qualification that protraction be “undue” - Authority found two strikes and one lockout occurred – Found approximately 91 days of industrial action during parties’ negotiations amounted to protracted strike action – Section 50C(1)(c) ERA satisfied – Authority found parties continued to experience serious difficulty in concluding CEA – Authority noted criteria in s50C(1)(b) ERA of “unduly protracted bargaining” and “extensive efforts” also met – Facilitation granted |
| Result | Application granted ; Orders accordingly |
| Main Category | Practice & Procedure |
| Statutes | ERA s50C(1)(b);ERA s50C(1)(c) |
| Cases Cited | New Zealand Air Line Pilots’ Association Inc v Air Nelson Ltd unreported, D King, 30 June 2008, AA 222/08 |
| Number of Pages | 10 |
| PDF File Link: | aa 211_09.pdf [pdf 35 KB] |