| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 118/07 |
| Hearing date | 24 Apr 2007 |
| Determination date | 23 August 2007 |
| Member | G J Wood |
| Representation | P Cranney ; P Chemis |
| Location | Wellington |
| Parties | Meat and Related Trades Workers union of Aotearoa Inc v Taylor Preston Ltd |
| Summary | BARGAINING – Applicant claimed respondent in breach of legal obligations as paid non-union workers more than union workers – Respondent stated simply wanted union members to accept same pay rates as non-union staff, but with collective employment agreement (CEA") – During bargaining respondent’s offer of raise and three year CEA rejected by union – Offered pay rise to non-union staff - Respondent subsequently ended bargaining – Respondent’s argument same conditions available to union members wrong – CEA not concluded and respondent insisted on three year term, something not required of non-union staff – Preference given to non-union members – Motive real issue for determination – Respondent’s actions not because of union membership, but because did not want union members to get pay rise, then not conclude CEA and strike – Respondent concerned with bargaining, not union membership – Relevant time for assessment under s9 Employment Relations Act 2000 time preference initiated - At time preference entered into respondent still trying to negotiate CEA – Even if Authority wrong on point, same principles applied in respect of preference thereafter – Union members able to seek new CEA through union - Preference result of union’s position on pay rates, not union membership – Promotion of collective bargaining did not require employer to conclude that bargaining before bargaining with staff on individual employment agreements, those staff also had rights to independently bargain changes – Application dismissed - Difficult to see how issues at respondent could be resolved – Authority viewed best way forward as return to bargaining, possibly with assistance or facilitation" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s9;ERA s10;ERA s32(1)(d)(iii);ERA s63A;ERA s65;ERA s104;ERA s107 |
| Cases Cited | Epic Packaging Ltd v New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc unreported, Colgan CJ, Shaw and Couch JJ, 21 July 2006, AC 39/06;National Union of Public Employees Inc v Asure NZ Ltd [2004] 2 ERNZ 487;Postal Workers Union Inc v New Zealand Post Ltd unreported, Goddard CJ, 3 October 1996, WEC 65/96;Service and Food Workers Union Nga Ringa Tota v Auckland District Health Board & Ors [2007] ERNZ 553;Tranz Rail Ltd v Rail and Maritime Transport Union Inc [1999] 1 ERNZ 460 |
| Number of Pages | 9 |
| PDF File Link: | wa 118_07.pdf [pdf 36 KB] |