| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 113 |
| Determination date | 17 June 2011 |
| Member | P R Stapp |
| Representation | P Cranney ; G Davenport |
| Location | Wellington |
| Parties | New Zealand Professional Firefighters Union v New Zealand Fire Service Commission |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) - Respondent opposed removal to EC on matters within Authority’s jurisdiction – Authority found order parties attend mediation not constructive – Parties negotiating collective employment agreement - Bargaining process agreement (“BPA”) in place – Applicant issued strike notices – Respondent disputed legality of proposed strikes – Applicant refused to lift strike notice within respondent’s suggested timeframe – Applicant sought declaration that nothing in BPA would render proposed strike unlawful – Authority found declaration on interpretation of BPA within Authority’s jurisdiction – Found urgent matter and should be removed to EC immediately as proposed strike date imminent – Found matter of public interest as involved essential industry - Matters removed to EC – Firefighters |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s161(1)(f);ERA s161(1)(l);ERA s178(2)(b) |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Wellington_113.pdf [pdf 11 KB] |