| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 88 |
| Determination date | 26 May 2011 |
| Member | G J Wood |
| Representation | P Cranney ; S Hornsby-Geluk |
| Location | Wellington |
| Parties | Public Service Asociation Inc v Accident Compensation Corporation |
| Summary | BARGAINING – Application for reference to facilitation – Applicant claimed bargaining unduly protracted and extensive efforts failed to resolve difficulties that precluded parties from entering collective agreement – Respondent opposed application - Authority found appeared to be impasse between parties on fundamental issue of structure of remuneration system – Found that constituted serious difficulties in concluding collective agreement - Authority found had been real attempts to bargain and settle over eleven days of bargaining and three days of mediation – Found efforts had been of wide scope including; full bargaining meetings, short line outs, contact between respondent’s chief executive and applicant’s national secretary, mediation, and direct industrial action on several occasions – Found efforts had gone on for over two years – Authority satisfied had been extensive efforts to try and resolve bargaining - Found grounds for reference to facilitation existed – Application for reference to facilitation granted |
| Result | Application granted ; No order for costs |
| Main Category | Bargaining |
| Statutes | ERA s50B;ERA s50C(1)(b) |
| Cases Cited | McCain Foods (NZ) Ltd v Service & Food Workers Union Nga Ringa Tota Inc [2009] ERNZ 28 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_88.pdf [pdf 17 KB] |