| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 98/10 |
| Hearing date | 15 Apr 2010 |
| Determination date | 14 May 2010 |
| Member | D Asher |
| Representation | G Lloyd ; P Smith |
| Location | Palmerston North |
| Parties | NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Steelfort Engineering Company Ltd |
| Summary | DISPUTE – GOOD FAITH – COMPLIANCE ORDER – Applicant sought compliance with s32(1)(e) Employment Relations Act 2000 (“ERA”) – Applicant sought declaration respondent breached good faith obligation by refusing to disclose information to substantiate claim and not in position to pay wage increases – Respondent argued no obligation to disclose as respondent did not say “unable to pay” but preferred not to pay increase as decided to allocate resources elsewhere – Parties entered into bargaining for new collective employment agreement – During bargaining, respondent advised not in position to make wage increases to union members – Applicant requested respondent disclose financial information to substantiate claim under s32(1)(e) ERA - Respondent declined request - Authority found no legal precedent for sanctioning union requests for certain information – Found respondent did not say could not afford to pay but not offering to pay wage increase – Found respondent choose not to pay - Found respondent not claiming financial hardship to justify disclosure under s32(1)(e) ERA – Compliance order declined – Declaration declined – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Applications dismissed ; Costs reserved |
| Main Category | Good Faith |
| Statutes | ERA s4;ERA s32;ERA 32(1)(e);ERA s34(2);ERA s34(3);ERA s137 |
| Number of Pages | 6 |
| PDF File Link: | wa 98_10.pdf [pdf 19 KB] |