| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 144/06 |
| Hearing date | 26 Oct 2006 |
| Determination date | 26 October 2006 |
| Member | D Asher |
| Representation | P Cranney ; P Wallace & Ors |
| Location | Wellington |
| Parties | Service Food Workers Union Nga Ringa Tota & Ors v Spotless Services (NZ) Ltd & Ors |
| Other Parties | Archer, Martin, Treweek, Sanele, Randall, Fox, Jackson, OCS Ltd, ISS Facilities Services Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicants raised issue regarding compliance with Code of Good Faith for Public Health Sector, Schedule 1B Employment Relations Act (ERA") – Whether employees who exercised Code rights to participate in meetings, discussions and activities for collective bargaining purposes were entitled to do so without deduction of wages - Applicant union initiated bargaining with respondents and other employers for Multi Employer Collective Agreement – Union arranged 15-30 minute meetings with members to discuss bargaining issues – Respondents, but not all employers, deducted wages from those who attended – Union claimed deductions unlawful and breached Code and Wages Protection Act 1983 – Sought arrears of wages, compliance order and declarations that deductions breached Code – Authority satisfied matter met requirements for removal in s178(2) ERA – Issue novel, involved bargaining problem in an essential service and related to public hospitals – Application not opposed by respondents - Matter removed to Court" |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Statutes | ERA s178(2);ERA Schedule 1B;ERA Schedule 1B cl2;Employment Relations Authority Regulations 2000 cl8;Wages Protection Act 1983 |
| Number of Pages | 5 |
| PDF File Link: | wa 144_06.pdf [pdf 29 KB] |