| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 122/10 |
| Determination date | 15 March 2010 |
| Member | D King |
| Representation | P Cranney ; S Cook |
| Location | Auckland |
| Parties | Tertiary Education Union v Chief Executive of Western Institute of Technology and Ors |
| Other Parties | Chief Executive, Unitec, Chief Executive, Whitireia Community Polytchnic, Chief Executive, Northland Polytechnic, Chief Executive, Bay of Plenty Polytechnic, Chief Executive, Waikato Institute of Technology in Taranaki |
| Summary | BARGAINING - Applicant applied for reference to facilitation under ss50C(1)(b), 50C(1)(c) and 50C(1)(d) Employment Relations Act 2000 (“ERA”) - Respondents adopted neutral stance and did not make submissions - Respondents gave commitment to participate in good faith if facilitation ordered - Authority found ground under s50C(1)(c) ERA not made out - Found while had been more than one strike, strikes not protracted or acrimonious – Found ground under s50C(1)(d) ERA not made out - Found nature of proposed industrial action not specified - Found evidence did not show public interest would be substantially affected at current stage - Found ground under s50C(1)(b) ERA made out - Found parties had multiple bargaining meetings, sought mediation assistance, had informal discussions, and had been industrial action - Found bargaining unduly protracted and despite extensive efforts parties unable to conclude collective agreement - Found any one ground under s50C(1) ERA sufficient for referral to facilitation - Reference for facilitation accepted |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50C(1)(b);ERA s50C(1)(b)(ii);ERA s50C(1)(c);ERA s50C(1)(d);ERA s50C(2) |
| Cases Cited | McCain Foods (NZ) Ltd v Service & Food Workers Union Nga Ringa Tota Inc [2009] ERNZ 28 |
| Number of Pages | 5 |
| PDF File Link: | aa 122_10.pdf [pdf 20 KB] |