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Bargaining - Employment Relations Act 2000

 
 

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Ports of Auckland Ltd v Maritime Union of New Zealand
17 Oct 2007, M Urlich, AA 324/07, (7 pages)

BARGAINING – Reference for facilitation – Applicant sought reference for facilitation under s50C(1)(b), (c) and (d) Employment Relations Act 2000 ("ERA") - Application not supported or opposed by respondent – Bargaining over previous 10 months involved numerous meetings, mediations and strike action – Respondent’s strike action not protracted in sense of long duration or in sense of numerous rolling strikes aimed at creating chaos – No evidence proposed strike action would have substantial affect on public interest – Parties attended 20 formal bargaining meetings and 15 days of mediation – Several proposals made, rejected and revised - Bargaining unduly protracted and extensive efforts failed to resolve difficulties between parties – Grounds set out in s50C(1)(b) ERA existed – Parties referred for facilitation

Result: Application granted ; Orders accordingly ; No order for costs

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