| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 119/04 |
| Hearing date | 14 Jul 2004 |
| Determination date | 29 September 2004 |
| Member | H Doyle |
| Representation | C French ; G Pollak |
| Location | Christchurch |
| Parties | NZ Dairy Workers Unions Inc v Fonterra Co-operative Group Ltd |
| Summary | DISPUTE - COMPLIANCE ORDER Interpretation of collective agreement - Applicant sought compliance with clause of CA - Clause restricted respondent's ability to engage temporary workers to undertake work covered by CA - Four positions disestablished - Whether breach of clause by reducing permanent work force - Respondent alleged no decrease in positions since additional four different positions created - Clause applied to present situation - Clause was breached - Not appropriate to order compliance without opportunity for respondent to comply with what Authority found to be interpretation of clause - Application for compliance order adjourned for three weeks and leave reserved for applicant to bring application back for investigation to Authority if necessary - PENALTY - Imposition of penalty not appropriate - Respondent recognised consultation with union necessary and undertook to consult with union in future - Also taken into account that four redeployed drivers not unhappy in new position |
| Result | Question answered in favour of applicant ; Compliance order declined ; Orders accordingly ; Costs reserved |
| Statutes | ERA s137(2) |
| Cases Cited | Aberhart v Air New Zealand Ltd unreported, Colgan J, 14 February 2001, AC 7/01;Boat Park Ltd v Hutchinson [1999] 2 NZLR 74;Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98;NZ Dairy Workers Union Inc v Kiwi Co-operative Dairies Ltd unreported, RE Hall, 7 June 2000, WT 92/00 |
| Number of Pages | 8 |
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