| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 170/10 |
| Determination date | 28 October 2010 |
| Member | P R Stapp |
| Representation | T Oldfield, J Lawrie ; L Sims |
| Location | Wellington |
| Parties | Service and Food Workers Union Nga Ringa Tota Inc & Anor v Aubert Home of Compassion Wanganui Ltd |
| Other Parties | New Zealand Nurses Organisation Inc |
| Summary | BARGAINING – Applicant requested Authority make reference to facilitation – Parties having difficulty settling collective bargaining – Applicant agreed to withdraw breach of good faith claims when received respondent’s support for facilitation application – Respondent did not oppose, but neither did it support facilitation application – Parties agreed for mediator to provide non binding recommendations that were rejected by respondent – Authority noted serious complaints from applicants about respondent’s conduct in going back on offers during bargaining – Action referred to as regressive bargaining – Respondent denied allegations – Authority found extensive efforts had failed to resolve issues and had resulted in stalemate – Found exacerbated by novel attempt to get mediator to make non binding recommendation – Found bargaining unduly protracted and extensive efforts had failed to resolve difficulties precluding entering of collective employment agreement – Reference for facilitation accepted |
| Result | Application granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50C(1)(b);ERA s50C(1)(b)(i);ERA s50C(1)(b)(ii);ERA s50C(1)(c) |
| Number of Pages | 4 |
| PDF File Link: | wa 170_10.pdf [pdf 14 KB] |