| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 309 |
| Determination date | 15 July 2011 |
| Member | K J Anderson |
| Representation | D France ; L Keys |
| Location | Auckland |
| Parties | Air New Zealand Ltd v The Flight Attendants and Related Services (NZ) Association Inc |
| Summary | BARGAINING – Application for reference to facilitation – Applicant claimed bargaining unduly protracted and extensive efforts failed to resolve difficulties that precluded parties from entering into collective employment agreement (“CEA”) – Respondent opposed application for facilitation because circumstances relating to bargaining had not changed since previous facilitation and bargaining since previous facilitation not protracted – Applicant initiated bargaining for new CEA – Parties engaged in bargaining process with mediator but parties remained unable to reach agreement on overall terms for new CEA – Parties referred to facilitation – Respondent rejected proposed agreement – Parties attended 9 days of scheduled negotiation meetings and attended further mediation without success – Authority found circumstances changed as parties modified respective positions – Found low threshold in satisfying requirement that bargaining protracted – Found time lapse of further seven months must be seen as protracted – Application for reference to facilitation granted |
| Result | Application granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50C(1)(b);ERA s50C(1)(b)(i);ERA s50C(3);ERA s50C(3)(b) |
| Cases Cited | Air New Zealand v The Flight Attendants and Related Services (NZ) Association Incorporated unreported, Y Oldfield, 18 Aug 2010, AA 363/10 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_309.pdf [pdf 19 KB] |