| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 240/10 |
| Hearing date | 13 Jul 2009 - 8 Sep 2009 (2 days) |
| Determination date | 24 May 2010 |
| Member | L Robinson |
| Representation | H White ; J Rooney |
| Location | Auckland |
| Parties | NZ Dairy Workers Union Te Runanga Wai U v Fonterra Cooperative Ltd |
| Summary | DISPUTE – Whether respondent employing temporary workers “for purpose” of reducing full time positions in breach of collective employment agreement (“CEA”) – CEA provided respondent could not use temporary workers “for purpose of” reducing hours of work of permanent employees - Applicant claimed permanent driving positions displaced in favour of temporary workers – Respondent agreed temporary positions increased however argued temporary drivers used to cover increase in work during peak season – Argued temporary workers employed “for purpose” of meeting business demands – Argued decrease in permanent positions due to better technology – Argued no breach – Authority found applicant did not establish on balance respondent’s increase of temporary workers “for purpose” of reducing permanent positions within meaning of CEA – Found respondent employing temporary workers “for purpose” of managing peak season that could not be carried out by permanent employees due to roster limitation – Found CEA not breached – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; No order for costs |
| Main Category | Dispute |
| Cases Cited | Fonterra Group v New Zealand Dairy Workers Union unreported, Goddard CJ, 21 Apr 2005, CC 5/05 |
| Number of Pages | 7 |
| PDF File Link: | aa 240_10.pdf [pdf 30 KB] |