| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 311 |
| Hearing date | 3 Oct 2017 - 4 Oct 2017 (2 days) |
| Determination date | 06 October 2017 |
| Member | V Campbell |
| Representation | P Skelton ; G Pollack |
| Location | Auckland |
| Parties | New Zealand Steel Ltd v E Tu Inc. |
| Summary | DISPUTE – Parties disputed review of manning levels required at steel plant – Applicant sought review and reduction of manning levels per shift – Respondent withheld consent to reduce manning levels |
| Abstract | AUTHORITY FOUND –;DISPUTE: Respondent provided reasonable basis for withholding consent to reduce manning levels per shift. Refusal to consent based on concerns overstaff fatigue, health and safety, training and competences and overtime concerns. Regardless of respondent’s reasoning for withholding consent the Authority is prohibited from making orders cancelling or varying any term of a collective agreement under section 63 of the Employment Relations Act 2000. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s163;ERA s174E |
| Cases Cited | Caritas Health Group v United Nurses of Alberta (2007) ABQB 388;Greymouth Gas Kaimiro Ltd v GXL Royalties [2010] NZSC 117, [2011] 1 NZLR 289;P & O Cold Logistics New Zealand Ltd v The National Distribution Union ERA Auckland AA 305/03, 13 October 2003;Pyne Gould Guinness Ltd v Montgomery Watson (NZ) Ltd [2001] NZAR 789 (CA);Tertiary Education Union v Vice-Chancellor University of Auckland [2015] NZEmpC 169 |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Auckland_311.pdf [pdf 158 KB] |