| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 141 |
| Hearing date | 2 Sep 2014 |
| Determination date | 11 September 2014 |
| Member | D Appleton |
| Representation | P Churchman QC ; G Malone |
| Location | Invercargill |
| Parties | The New Zealand Meat Workers and Related Trades Union Inc v South Pacific Meats Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with sections 20, 20A and 21 Employment Relations Act 2000 (ERA") - Whether respondent unlawfully prevented or restricted union access to meat processing plant - Whether respondent placed unlawful or unreasonable controls on union access to meat processing plant - Whether restrictions placed on union access necessary to ensure respondent's compliance with relevant Overseas Market Access Requirements and food standards of major customer - Whether restrictions placed on union access required by reasonable procedures and requirements applying in workplace relating to safety, health or security - PENALTY - Applicant sought penalty - Union access to workplace" |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Authority ordered non-publication of evidence and submissions relating to certain official of applicant. Authority ordered non-publication of evidence and submissions imputing anti-union sentiments to respondent and certain named shareholders of respondent's parent company. Applicant's representative (C") wished to enter respondent's premises to recruit employees as union members and provide information about applicant. C sought to enter respondent's premises for lawful purpose. Reasonable for C to seek to attend at respondent's premises during lunch breaks of workers employed in certain departments and unreasonable for respondent to restrict C to attending during two 15 minute periods only. C's request to enter dining areas of respondent's premises reasonable having regard to hazardous nature of production areas of plant. C sought to exercise right of entry in reasonable way having regard to normal business operations in workplace. Respondent never stated willingness for C to make brief announcement to all staff and then invite people to speak to C. Wording of ERA indicated union representative able, subject to duty of good faith, to make speeches to group of employees, not just willing employees, intended to persuade any employee to join union. Respondent's restrictions on C in relation to making speeches or addressing entire room unreasonable and not warranted by 12 employees expressing desire not to hear speeches. Respondent acted in bad faith towards C and applicant by refusing to issue C with compliant overalls to allow C to sit at tables with other employees wearing overalls. Provision of compliant overalls would obviate need for almost all other restrictions and limitations placed on C. Conditions imposed on C's access exceeded procedures and requirements respondent needed to apply in relation to health and safety. Respondent breached provisions of ERA relating to union access. Compliance ordered.;PENALTY: Respondent's refusal to issue C with compliant overalls amounted to bad faith. Attempts to prevent C addressing staff as whole in canteen unwarranted and illegitimate. Penalties appropriate for both categories of breach. Penalties should reflect fact respondent subject to compliance orders and penalties ordered by Authority relatively recently. Breaches ongoing and effectively frustrated applicant's lawful purposes in seeking access. $20,000 penalty appropriate." |
| Result | Applications granted ; Compliance ordered ; Penalty ($20,000)(payable to applicant) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ECA s14(1);ERA;ERA s4(1);ERA s4(4)(f);ERA s12(d);ERA s20;ERA s20(3);ERA s20A;ERA s21;ERA s21(2)(a);ERA s21(2)(b);ERA s25;ERA s136(2);ERA s137(1)(a)(ii);ERA s137(3) |
| Cases Cited | Foodstuffs (Auckland) Ltd v National Distribution Union Inc [1995] 1 ERNZ 110 ; [1995] 2 NZLR 280;Service Workers Union of Aotearoa Inc v Southern Pacific Hotel Corp (NZ) Ltd [1993] 2 ERNZ 513;Terry Young Ltd v NZ Engineering, Printing and Manufacturing Union Inc [2007] ERNZ 533;The New Zealand Meatworkers' Union Inc v South Pacific Meats Ltd [2012] NZERA Christchurch 21 |
| Number of Pages | 28 |
| PDF File Link: | 2014_NZERA_Christchurch_141.pdf [pdf 288 KB] |