| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 114 |
| Hearing date | 17 Jul 2015 |
| Determination date | 07 August 2015 |
| Member | H Doyle |
| Representation | P Churchman QC, K Coulston ; T Cleary |
| Location | Christchurch |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Silver Fern Farms Beef Ltd |
| Summary | DISPUTE – Parties disputed respondent’s ability to make changes to work practice under collective employment agreement (“CEA”) if changes to affect workload and pay –Whether changes already existing practice – Whether changes constituted changes to work practice – Whether “normal production earnings” meant earning received in ordinary eight hour working day – GOOD FAITH – Applicant sought declaration that respondent breached good faith by failing to provide new rates of remuneration until after employees commenced work |
| Abstract | AUTHORITY FOUND –;DISPUTE: Order for non-publication of respondent’s commercial sensitive information. Proposed changes longstanding customary practice, although not contained in written agreement. CEA very broad regarding “changes to work practice”. Respondent’s proposal could come under CEA definition. Reasonable person would consider “normal production earnings” to be earnings received on basis of varying carcass counts. Changes therefore mean that workers would be earning the same remuneration for more work and would increase workload. Changes not allowed under CEA. Question answered in favour of applicant.;GOOD FAITH: Some good faith concerns, but no reason to make declaration. Application dismissed. |
| Result | Question answered in favour of applicant ; Application dismissed (good faith) ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Union Inc [2010] NZCA 317, [2010] ERNZ 317;Vector Gas v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_114.pdf [pdf 188 KB] |