| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 55 |
| Determination date | 11 April 2014 |
| Member | D Appleton |
| Representation | P Churchman ; R Webster |
| Parties | The New Zealand Meatworkers' Union Inc v South Pacific Meats Ltd |
| Summary | PRACTICE AND PROCEDURE - Respondent sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise and in all circumstances matter should be determined by EC - Applicant claimed respondent prevented or restricted union access to workplace unlawfully - European Union regulations - Market access requirements imposed by Ministry for Primary Industries ("MPI") - Operational requirements of respondent's customers - Exporters" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Questions of law identified by respondent did not fall for determination in matter. Relevant questions whether conditions imposed upon union access existing reasonable procedures or requirements applying in respect of workplace, whether conditions related to safety or health or security, and whether conditions imposed reflected normal business operations. Question whether requirements imposed by MPI and respondent's customers amounted to procedures and requirements related to safety or health or security could be important question of law. Not necessary to answer question as source of procedures or requirements irrelevant provided union access restrictions existing and reasonable. Determination of questions required factual enquiry involving no difficult statutory interpretation. No important question of law likely to arise. Reasonableness touchstone in determining whether union access required in any given case and determination would not necessarily have precedent value in respect of other major manufacturers in food industry. Application for removal declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ECA s14;ERA;ERA s20;ERA s20A;ERA s21;ERA s21(2);ERA s178(2);ERA s178(2)(a);ERA s178(2)(d);ERA s238 |
| Cases Cited | Service Workers Union of Aotearoa Inc v Southern Pacific Hotel Corp (NZ) Ltd [1993] 2 ERNZ 513 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Christchurch_55.pdf [pdf 239 KB] |