| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 357/09 |
| Hearing date | 8 Oct 2009 |
| Determination date | 08 October 2009 |
| Member | D King |
| Representation | PA Caisley ; H White |
| Location | Auckland |
| Parties | Transportation Auckland Corporation Ltd and Ors v New Zealand Tramways & Public Passenger Transport Employees Union Inc |
| Other Parties | Cityline (NZ) Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for reference to facilitation of collective bargaining under s50C(1)(d) Employment Relations Act 2000 (“ERA”) – Respondents issued notice of work to rule strike action of indefinite duration – Applicants issued lockout notice of indefinite duration - Applicants sought referral to facilitation – Respondents did not oppose application – Applicants claimed ground for facilitation that in course of bargaining, a party proposed strike or lockout, which would affect public interest substantially – Applicants claimed industrial action likely to disrupt social and economic interests and effects likely to be widespread – Applicants argued 80,000 people used applicants’ services – Respondents disputed claim effects of industrial action would seriously disrupt public and argued requirements of s50C(1)(d) ERA not met – Authority noted public interest must be substantially affected, meaning to a great extent or degree, considerably, significantly, in a major fashion – Found likely that people not being able to use public transport would result in people not being able to get to workplaces, so would lose income and employers would lose business and have diminished profits – Found people unable to use public transport for recreational purposes would cause inconvenience and may have economic effects on suppliers of recreational facilities and affect life satisfaction – Authority found had situation been work to rule strike, would not have found public interest substantially affected - Found lockout notice of indefinite duration clearly had potential to have significant and detrimental effects – Found as notice of strike and lockout given and public interest likely to be substantially affected, parties referred to facilitation - Facilitation ordered |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s50A;ERA s50C(1)(d);ERA s50C(2);ERA s50C(2)(b) |
| Cases Cited | McCain Foods (NZ) Ltd v SFWU Nga Ringa Tota Inc [2009] ERNZ 28;NZ Meat Workers and related Trades Union v Crusader Meats NZ Ltd unreported, 24 May 2007, L Robinson, AA 157/07 |
| Number of Pages | 5 |
| PDF File Link: | aa 357_09.pdf [pdf 19 KB] |