| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 83/06 |
| Determination date | 23 March 2006 |
| Member | R A Monaghan |
| Representation | H White, D Fleming, D France ; T Oldfield, S Wilson |
| Location | Auckland |
| Parties | New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc and Ors v Auckland District Health Board and Ors |
| Other Parties | National Distribution Union Inc, Northern Amalgamated Workers Union, Transfield Services, Service and Food Workers Union Inc, Spotless Services (New Zealand) Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Dispute about application of Code of Good Faith in the Public Health Sector (as in Schedule 1B Employment Relations Act 2000) – Applicants sought determination that Code applied to certain work to be carried out by first respondent – Associated application for interim orders restraining respondents from recruiting other people to fill positions currently held at first respondent by employees of Spotless Services – First respondent and Spotless were parties to outsourcing arrangement involving a facilities maintenance contract – Contract put out to tender and was awarded to Transfield – Whether Code applied to work in question so that affected employees are entitled to be employed by the successful party to tender on the same terms and conditions as applied immediately before the commencement of the contract – Were eight questions applicant believed the Court needed to consider (regarding whether the Code applied) - Matter accorded urgency – Matter removed to Court |
| Result | Application granted ; Matter removed to Employment Court ; No order for costs |
| Statutes | ERA s178;ERA Schedule 1B |
| Number of Pages | 3 |
| PDF File Link: | aa 83_06.pdf [pdf 15 KB] |