| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 78A/10 |
| Hearing date | 7 May 2010 |
| Determination date | 10 May 2010 |
| Member | H Doyle |
| Representation | P Cranney ; N McPhail |
| Location | Christchurch |
| Parties | National Distribution Union v Foodstuffs South Island Ltd |
| Summary | BARGAINING – Application for reference to facilitation – Applicant claimed bargaining unduly protracted and extensive efforts failed to resolve difficulties which precluded entering of collective employment agreement (“CEA”) – Authority found even with further mediation unlikely issues between parties precluding settlement could be resolved – Respondent’s proposal to settle CEA not accepted by applicant – Authority found serious difficulties between parties in concluding CEA – Authority considered meaning of “unduly protracted” and “extensive efforts” – Found bargaining took place over 14 months – Found unduly protracted bargaining in sense bargaining had not been expected or common but disproportionate – Found extensive efforts to resolve bargaining failed - Reference for facilitation accepted |
| Result | Application granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50B;ERA s50C(1)(b) |
| Cases Cited | McCain Foods (NZ) Ltd v Service & Food Workers Union Nga Ringa Tota Inc [2009] ERNZ 28 |
| Number of Pages | 6 |
| PDF File Link: | ca 78a_10.pdf [pdf 23 KB] |