Deadlocked Ports of Auckland Ltd and the Maritime Union of New Zealand have agreed to a facilitation meeting umpired by the Employment Relations Authority, but whose recommendations are non-binding.
At the end of two days of mediation yesterday - littered with counter-claims and recriminations - the Ports and the union agreed to next week enter the formal facilitation process.
Ports of Auckland sacked almost 300 striking staff six weeks ago, then announced they would contract out their jobs, which was overruled by the Employment Court a fortnight ago, allowing the staff to return to work.
Both parties are strictly following due process, but they remain deadlocked, with Ports of Auckland wanting to move towards contracting out and more flexible work times, while the union wants to negotiate some details around the workers' previous collective contract.
Ports of Auckland said in a statement yesterday it was "hopeful" facilitation would provide the parties with clear recommendations made by a neutral but experienced third party.
"Whilst there is a real deadlock that needs to be broken, facilitation does at least provide some chance that this will occur."
Union national president Garry Parsloe said as mediation had not worked it was important to move to facilitation. The facilitator's recommendations would be taken back to union members to consider, he said.
In an update on the union going to the Employment Court over good-faith bargaining claims, Mr Parsloe said the union was requesting Ports documents it had provided to the union's legal team, but not the union, during the legal discovery process.
"We believe that there is information in the discovery documents that will assist the union in justifying its belief that a 'right to contract out' clause in a new employment agreement will simply result in the Port contracting out these workers after settlement of the agreement," he said Facilitation is more formal than mediation and is private, but the Employment Relations Authority can make its recommendations public.
An ERA member can make non-binding recommendations on terms of a collective agreement, but neither Ports nor the union have to accept the recommendation.
