Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2011] NZERA Auckland 99
Determination date 14 March 2011
Member Y S Oldfield
Representation T Oldfield ; R Towner
Location Auckland
Parties Service and Food Workers Union Nga Ringa Rota v Pacific Flight Catering Ltd
Summary BARGAINING – Application for reference to facilitation – Parties claimed bargaining unduly protracted and extensive effort failed to resolve difficulties that precluded parties from entering collective agreement – Authority found parties remained unable to conclude collective agreement – Found Authority could not accept reference simply by parties’ agreement – Found two years elapsed since bargaining initiated and parties unable to even agree on bargaining process – Found negotiations unduly protracted – Found serious difficulties in bargaining – Found extensive efforts made to resolve difficulties – Found threshold for reference to facilitation passed – Application for reference to facilitation granted
Result Application granted ; Costs reserved
Main Category Bargaining
Statutes ERA s50C(1)(a);ERA s50C(1)(b);ERA s50C(1)(c)
Cases Cited Service and Food Worker’s Union Nga Ringa Tota Inc v Pacific Flight Catering Limited [2011] NZERA Auckland 23
Number of Pages 4
PDF File Link: 2011_NZERA_Auckland_99.pdf [pdf 18 KB]