Service and Food Workers Union Nga Ringa Tota Media Release
14 March 2007

For immediate use

Hospital Workers Take Bargaining Case To Court- Are Employers Required To Agree To A Multi Employer Agreement?

The Service & Food Workers Union Nga Ringa Tota will be putting its bargaining for a MECA (multi-employer collective agreement) before the Employment Court tomorrow (Thursday 15 March) in an attempt to clarify employers' obligations to conclude a MECA once the Union has initiated bargaining.

The bargaining at the centre of this case is that for low paid cleaners, food workers, orderlies and home aids employed in hospitals across the country. The employers involved are 16 of the District Health Boards, Spotless Services (NZ) Ltd, OCS Ltd, ISS Facility Services Ltd and Compass Group NZ Ltd. Over 2700 Union members, many of whom are characterised as being particularly vulnerable under Schedule 1A of the Employment Relations Act 2000, will be affected by the Court's decision.

The Employment Court will consider the effect of section 33 of the Employment Relations Act. This section states that the duty of good faith "...requires a union and an employer bargaining for a collective agreement to conclude a collective agreement unless there is a genuine reason, based on reasonable grounds, not to." The issue is being determined in two parts, with the first issue being whether the employers are required to conclude a multi-employer collective agreement.

Union members across the country are excited about their issue being heard by the Employment Court, as they have felt increasing frustration over the last eight months as they have continuously heard the employers refusing to agree to enter into a MECA with one another.

The Employment Court hearing will commence at 10am at Vogel Building, 14th Floor, Aitken Street, Wellington.

ENDS

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