| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 234 |
| Hearing date | 15 to 16 & 31 March and 1 & 5 April 2016 |
| Determination date | 08 July 2016 |
| Member | Andrew Dallas |
| Representation | H White ; P Muir, M Hoolihan |
| Location | Auckland |
| Parties | New Zealand Dairy Workers Union Inc., Te Runanga Wai U v Fonterra Co-operative Group Ltd |
| Summary | DISPUTE – Parties disputed whether restructure breached collective agreement (“CEA) – COMPLIANCE ORDER – Applicant sought compliance with CEA |
| Abstract | AUTHORITY FOUND –DISPUTE: Order for non-publication of evidence about respondent’s disciplinary procedures and financial information. CEA contained job classification system (“JCS”) by which parties established level descriptors and job titles of certain work. Respondent required to follow JCS in respect of jobs at hand. Respondent’s proposal to disestablish jobs at hand did not give rise to redundancy situation. Question answered in favour of applicant.COMPLIANCE ORDER: No need for compliance orders, parties to be left to reach own agreement about restructuring. Application for compliance order dismissed. Parties directed to mediation. |
| Result | Question answered in favour of applicant ; Application dismissed (compliance order) ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4 ; ERA s160(3) ; ERA Second Schedule cl10(1) |
| Cases Cited | Corrections Association of New Zealand Inc v Chief Executive of Department of Corrections [2016] NZERA Wellington 56 ; Fonterra Group v New Zealand Dairy Workers Union EmpC Christchurch CC5/05, 21 April 2005 ; Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494 ; Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) ; McKinney v Transportation Auckland Corp Ltd [2011] NZERA Auckland 271 ; New Plymouth District Council Staff Association v Chief Executive New Plymouth District Council [2015] NZERA Wellington 98 ; New Zealand Public Service Association v Department of Conservation [1991] 1 ERNZ 477 (EmpC) ; New Zealand Tramways Union (Wellington Branch) v Wellington City Transport Ltd (t/a Stagecoach New Zealand) [2002] 2 ERNZ 435 (EmpC) ; Pegasus NZ Airlines Services Society Inc v Air New Zealand Ltd ERA Auckland AA438/05, 7 November 2005 ; Sanson v Auckland Regional Council [1999] 1 ERNZ 708 (EmpC) ; Simpson Farms Ltd v Aberhart [2006] ERNZ 825 (EmpC) ; Wallis v Carter Holt Harvey Ltd [1998] 3 ERNZ 984 (EmpC) ; Wang v Hamilton Multicultural Services Trust [2010] NZEmpC 142, [2010] ERNZ 468 ; Westpac Banking Corp v Stephen [2000] ERNZ 566 (EmpC) |
| Number of Pages | 32 |
| PDF File Link: | 2016_NZERA_Auckland_234_amended.pdf [pdf 312 KB] |