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NZ Meatworkers & Related Trades Union of Workers v Crusader Meats Ltd
16 Nov 2007, Y Oldfield, AA 359/07, (4 pages)
BARGAINING – Application for reference to facilitation – Authority earlier declined reference – Authority found negotiations not unduly protracted and had not been extensive efforts to resolve issues – Applicant claimed despite further attempts to progress matter, unable to resolve impasse and situation markedly worse since first application – Respondent supported current application - Since earlier determination parties had revised offers, convened further bargaining meetings, and engaged in mediation and industrial action – Applicant given notice of further lockouts – What constituted “unduly protracted” bargaining and a reasonable timeframe for completion of process could depend on circumstances of bargaining – Factors impacting on task included nature of industry involved, complexity of document under negotiation, extent of its coverage and past history, and level of union membership – Approximately 10 percent of respondent’s employees members of applicant – Nearly two years passed since bargaining initiated for relatively small group of workers – In circumstances Authority satisfied bargaining now unduly protracted – Parties’ considered had reached deadlock - Parties expended additional time and effort to resolve matter - Situation materially different from that whe earlier determination issued - Threshold in s50C(1)(b) Employment Relations Act 2000 satisfied – Parties referred to facilitation
Result: Application granted ; No order for costs
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