| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 423/10 |
| Hearing date | 28 Sep 2010 |
| Determination date | 29 September 2010 |
| Member | V Campbell |
| Representation | L Yukich ; K Dunn |
| Location | Auckland |
| Parties | Eastern Bay Independent Industrial Workers Union Inc v Norske Skog Tasman Ltd |
| Summary | BARGAINING – Applicant made application for facilitation regarding collective bargaining between parties – Previously respondent applied for and subsequently granted facilitation – Parties participated in facilitation, however, bargaining continued – Applicant sought facilitation on grounds pursuant to s50C(3) Employment Relations Act 2000 circumstances relating to bargaining had changed or bargaining had become protracted – Alternatively, if Authority determined new facilitation then tests in s50C(1)(b) or (c) met – Respondent opposed application – Facilitation previously provided to parties and recommendations presented – Recommendations accepted by applicant but not entirely accepted by respondent on basis circumstances changed – Found notice by respondent that circumstances had changed relied on by applicant for application under s50C(3) ERA – Found applicant’s supporting example did not relate to bargaining per se but rather to issue with employment offer made to individual taking up new role – Found applicant had not established circumstances relating to bargaining had changed – Found test under s50(3)C that bargaining needed to be protracted and not “unduly” protracted – Found based on information provided bargaining protracted – Application for facilitation granted |
| Result | Application granted |
| Main Category | Bargaining |
| Statutes | ERA s50C;ERA s50C(1)(b);ERA s50C(1)(c);ERA s50C(3) |
| Number of Pages | 4 |
| PDF File Link: | aa 423_10.pdf [pdf 26 KB] |