| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 31 |
| Hearing date | 1-Dec-15 |
| Determination date | 11 March 2016 |
| Member | Michael Loftus |
| Representation | S Mitchell ; T Cleary |
| Location | Napier |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Silver Fern Farms Ltd and Anor |
| Other Parties | Silver Fern Farms Beef Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with collective employment agreement (“CEA”) – Whether supervisors doing work supposed to be done by union members |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent argued that supervisors do such work where inappropriate to call in staff who must be paid for 4 hours’ work when 4 hours’ work not available. Not available to respondent to make such commercial decisions in contravention of express provision of CEA. Work in question covered by CEA. Respondent using supervisors in breach of CEA. Compliance ordered. |
| Result | Application granted ; Orders made ; Costs reserved |
| Main Category | Compliance Order |
| Cases Cited | Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Wellington_31.pdf [pdf 162 KB] |