Pak`n Save objected to the Employment Agency`s assertion that it had not negotiated in good faith. Pak`n Save also stated that the authority had erred in law in finding that Pak`n Save had to agree to include rates of pay in a draft collective agreement to negotiate in good faith. Pak`n Save also tried to explain that the Union had not negotiated in good faith. First Union began negotiations in October 2013 for a collective agreement with Jack Hardware and Timber Limited. Almost five years later, in June 2018, the Labour Relations Authority decided that it could establish conditions and that this was one of the few cases where the Labour Relations Authority was to play the role of « gamebreaker ». If you want a printed copy of this agreement, we advise you to download the following PDF version. Part-time work is the case where the weekly working time is less than the normal length of time set by law or collective agreement (for example. B 25 hours a week). Flexibility of working time refers to where employees can decide for themselves when to start and leave their daily working time. Companies or organizations that have an enterprise committee are required to enter into flexible scheduling agreements in an enterprise contract.
In the absence of an enterprise committee, such agreements must be concluded through written agreements with individual workers. In November 2015, First Union opened negotiations for a collective agreement with Kaikorai Service Centre Limited, which was negotiated as Pak`nSave Invercargill (Pak`n Save). The parties found themselves at an impasse in the introduction of a pay scale in the collective agreement. Pak`n Save`s proposed collective agreement determines wages through a mechanism outside the collective agreement. The first Union considered that this would nullifying the objective of a collective agreement and that the wage scale should be integrated. Collective agreements contain many workers` rights that are not defined by law or not, including: the Union was able to demonstrate that Jack`s equipment had suffered a serious and persistent breach of confidence, that this seriously undermined the negotiations, that all other alternatives had been exhausted and that the effective remedy was that the Employment Agency defined the terms of the collective agreement. Subsequently, the Labour Court upheld the finding of the Labour Relations Authority.