| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 331/07 |
| Hearing date | 25 Sep 2007 |
| Determination date | 18 October 2007 |
| Member | R Arthur |
| Representation | D France ; K Beck |
| Location | Kawerau |
| Parties | SCA Hygiene Australasia Ltd v The Pulp and Papar Industry Council of Manufacturing and Construction Workers Union Inc |
| Summary | DISPUTE - Employer sought declarations regarding validity of proposal to require employees to conduct additional testing - Union opposed plan, in part because would cause net loss of jobs - Also submitted testing substantial change of duties and required renegotiation of wage rates - Union also sought finding employer did not properly consult over proposals - Interpretation of redundancy provision in collective employment agreement (“CEA”) - Proposed testing not a substantial change of duties - Lawful and reasonable instructions - Authority concluded employer entitled to ask operators to perform additional testing without renegotiating pay rates and operators could be asked to undertake training for that purpose - Employer met obligations of consultation - Due to voluntary redundancies not required to use recently developed selection criteria - Selection criteria for compulsory redundancy within CEA but did not oust term regarding selection for voluntary redundancy or transfers |
| Result | Questions answered in favour of employer ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(1A);ERA s4(4)(c);ERA s4(4)(d);ERA s104;ERA s105 |
| Cases Cited | McCulloch v NZ Fire Service [1998] 3 ERNZ 378 |
| Number of Pages | 17 |
| PDF File Link: | aa 331_07.pdf [pdf 54 KB] |