| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 172A/02 |
| Hearing date | 24 Jun 2002 - 25 Jun 2002 (2 days) |
| Determination date | 05 July 2002 |
| Member | A Dumbleton |
| Representation | A-M Hendra ; CH Toogood QC, RL Towner |
| Location | Auckland |
| Parties | NZ Amalgamated Engineering, Printing & Manufacturing Union Inc. & Ors v Carter Holt Harvey Ltd |
| Other Parties | Holmes, Hastie, Keith |
| Summary | INJUNCTION - Good faith bargaining - Restructuring occurred at same time as collective agreement bargaining - Contracting out of services - Alleged breach of good faith bargaining and redundancy consultation - Alleged failure to disclose information relevant to bargaining - Applicants sought to vary existing employment agreement to allow bargaining over restructuring - Authority not permitted to modify or vary existing agreements - Consultation more than adequate - Contracting out not finalised - Not used to gain advantage during bargaining - Refusal to bargain over restructuring not breach of good faith - No false or misleading information - Claims unsubstantiated |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4(4)(d);ERA s33 |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Wellington International Airport Ltd v Air NZ [1993] 1 NZLR 671 |
| Number of Pages | 15 |
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