| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 389 |
| Determination date | 09 December 2015 |
| Member | Anna Fitzgibbon |
| Representation | P Cranney ; P Wicks |
| Location | Auckland |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on grounds important question of law likely to arise and EC already had before it proceedings between same parties involving same or similar issues – Good faith in collective bargaining – Application for determination fixing provisions of collective agreement |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Parties agreed important question of law at issue. First interpretation of section 50J Employment Relations Act 2000. Important question of law likely to arise. Same or similar proceedings already before EC. In all circumstances matter should be removed. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s50J;ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | New Zealand Meat Workers and Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZERA Auckland 253;New Zealand Meat Workers and Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZERA Auckland 284;New Zealand Meat Workers and Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZEmpC 204 |
| Number of Pages | 3 |
| PDF File Link: | 2015_NZERA_Auckland_389.pdf [pdf 127 KB] |