Affco baulks at having Helen Kelly in mediation sessions with meat workers union, parties head back to court

Tuesday 8th December 2015

Affco New Zealand, the Talleys Group controlled meat processor, refused to accept former union boss Helen Kelly in court-ordered mediation sessions with the Meat Workers Union and the two sides are back in the Employment Court today.

The union's national secretary, Graham Cooke, says the two sides are due to meet the judge today and the union "will present evidence about the company resisting implementing the court decision and the treatment of union members." Affco and the union were sent to mediation after the Employment Court ruled that the company unlawfully locked out workers and didn't act in good faith.

Affco executives didn't immediately return calls but have previously said it plans to appeal the Employment Court ruling that meat workers are deemed to be in continuous employment even though they are laid off at the end of the season and rehired for the new season. That overturned several decades-old cases, known as the Alliance cases and the Richmond case, that held there was no continuity and had been cited as precedent over the years.

According to Cooke, former president of the New Zealand Council of Trade Unions Kelly still helped the mediation team from the 'break out room' but ultimately little progress was made.

Kelly, who was head of the CTU from 2007 until she stood down in October this year to battle cancer, said while the company had no legal right to prevent her being on the mediation team, she went along with it to prevent the mediation stalling.

"For me this represents a family who think they are above the law," Kelly said, referring to the Talley family, whose interests in the food industry span seafood, frozen vegetables, meat and dairy products. "The main point is they have an order they haven't complied with. But we've got a company with so much power and money and the law is so weak."

The union and Affco are before two separate authorities today. In Christchurch, they have appeared before the Employment Relations Authority, where the union is arguing the company has stonewalled by not putting up negotiators for talks about the collective contract for workers at its Land Meat unit that processes beef and pork at a plant in Wanganui. The union is also trying to get access to members at South Pacific Meats, another Affco unit that it says hasn't fronted up to negotiations.

Separately, in Auckland, the two parties have been before a judge of the Employment Court in a follow-up to the Nov.19 ruling.

The union said it has been hindered by the company in trying to represent its members and that workers were pressured to sign individual contracts in order to start work for the new season, instead of under the existing collective contract that expired in 2013.

The company became the first under the government’s new employment law to apply for an end to bargaining. Amendments to the Employment Relations Act, introduced in March this year, let firms opt out of multi-employer agreements and removed the duty under good faith bargaining for both sides to reach agreement.

BusinessDesk.co.nz

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