| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 12/10 |
| Hearing date | 19 Jan 2010 |
| Determination date | 22 January 2010 |
| Member | P Cheyne |
| Representation | P Cranney ; B Keelty |
| Location | Christchurch |
| Parties | Service and Food Workers Union Nga Ringa Tota v Sanford Ltd |
| Summary | COMPLIANCE ORDER – Applicant union sought compliance with s34 Employment Relations Act 2000 (“ERA”) – Applicant union claimed respondent’s refusal to disclose requested information breached s34 ERA – Respondent argued information sought confidential and irrelevant to applicant union’s negotiations – Employees at respondent members of applicant union or union “X” - Applicant union entered into bargaining with respondent after expiry of collective employment agreement (“CEA”) – Applicant union requested respondent provide union X’s CEA and applicable wage rates – Applicant union believed receiving lesser wage rate than union X members – Applicant union advised respondent wanted same wage rate as union X members – Respondent advised applicant union had different CEA to union X which meant comparison of wage rates not “apples for apples” - Respondent declined request – Authority found confidentiality not ground for refusing s34 ERA request – Found if respondent reasonably believed requested information confidential, respondent must submit information to independent reviewer – Found request met s34(2) ERA requirements as union X’s CEA reasonably necessary to support or substantiate respondent’s response to applicant union’s claims – Found requested information should be supplied or submitted to independent reviewer, otherwise respondent in breach of s34 ERA –Compliance ordered – Authority adjourned proceedings to allow respondent to comply with orders made |
| Result | Compliance ordered ; Orders made ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s3;ERA s4;ERA s4(1A);ERA s31;ERA s32;ERA s32(1)(e);ERA s34;ERA s34(2);ERA s34(3)(b);ERA s34(7);ERA s137;ERA s138(5) |
| Number of Pages | 5 |
| PDF File Link: | ca 12_10.pdf [pdf 17 KB] |