| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 68 |
| Hearing date | 16 & 17 May 2017 (2 days) |
| Determination date | 04 August 2017 |
| Member | T MacKinnon |
| Representation | S Meikle ; D Mackinnon (1st Resp), H Kynaston, L Hercus & ER Luxton (2 Resp) |
| Location | Wellington |
| Parties | E T? Incorporated v Evergreen International NZ LLC t/a Armourguard Security & Anor |
| Other Parties | Ministry of Social Development |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with provisions of Employment Relations Act 2000 (“ERA”) and Collective Agreement (“CA”) – PENALTY – Applicant sought penalty for respondents failure to comply with ERA and CA |
| Abstract | AUTHORITY FOUND – COMPLIANCE ORDER: Unions entitlement to access is not unconditional under statute and contractual provisions. Under ERA and CA applicant must obtain consent of the employer to enter the workplace. The first respondent cannot force the second respondent to allow access to the union its worksites. First respondent has not breached its contractual obligations regarding union access. Second respondent could not have instigated, aided or abetted a breach of contractual obligations regarding union access. PENALTY: First respondent has not breached ERA or CA provisions. Second respondent did not instigate, aid or abet any breach by first respondent of CA. No penalty. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s20, ERA s20A, ERA s21, ERA s174E |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Wellington_68.pdf [pdf 255 KB] |