| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 89 |
| Hearing date | 8 Mar 2011 |
| Determination date | 09 March 2011 |
| Member | D King |
| Representation | P Cranney ; S Cook |
| Location | Auckland |
| Parties | Tertiary Education Union v Chief Executive Western Institute of Technology & Ors |
| Other Parties | Chief Executive Unitec New Zealand, Chief Executive Whitireia Community Polytechnic, Chief Executive Northland Polytechnic, Chief Executive Bay of Plenty Polytechnic, Chief Executive Waikato Institute of Technology |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) - Parties sought removal on grounds important questions of law likely to arise other than incidentally – Questions were whether union required to continue to bargain with collective of employer parties after s47(3) Employment Relations Act 2000 (“ERA”) ballot had rejected multi employer collective agreement (“MECA”) - Whether applicant’s notices amounted to unlawful cross-initiation - Respondents initiated bargaining for MECA – Applicant informed respondents would conduct ballot of members as required by s47(3) ERA – Applicant informed respondents ballot not in favour of MECA – Applicant initiated bargaining against each respondent separately – Respondents informed applicant believed applicant obliged to continue bargaining pursuant to respondents’ notice and applicant’s notice amounted to illegal cross-initiation – Applicant disagreed with respondents’ view and sought urgent legal resolution - Parties claimed case of such nature and urgency to warrant removal because respondents significant group of public employers, bargaining rights of parties could not be properly exercised until matter determined, and in all circumstances EC should determine matter – Authority found in all circumstances EC should determine matter – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s47(3);ERA s178 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_89.pdf [pdf 15 KB] |