Decision on workers next week?

Press, 25 May 1984, Page 1

Decision on workers next week?

PA Wellington

A decision on the case in the Arbitration Court between the Freezing Companies' Association, Federated Farmers, and New Zealand's two meat workers' unions could be made next week.

The Court, comprising Chief Judge Horn. Mr D. Jacobs (workers), and Mr T. Weir (employers), yesterdayreserved its decision at the finish of the parties' submissions.

The case is the first time section 119 C of the Commerce Act has been tested. Other applications have been lodged in the Court before, but none have proceeded far enough for the Court to make a decision. Federated Farmers and the Freezing Companies' Association applied to the Court for a ruling under the

section to get the meat workers to cease rolling stoppages which began on May 1. The action is against both the Meat Workers' Union, and the Auckland and Tomoana Freezing Works and Related Trades Industrial Union of Workers. Under the act. the Court can order a return to work where: • The economy of New Zealand, including in particular its export trade, is substantially affected in the immediate future by a strike or lock-out: or

• The economy of a particular industry or particular industries is seriouslyaffected, or it is clearly evident that it will be seriously affected in the immediate future, by a strike or lock-out: or • The life, safety, or health of members of the

community is endangered bv a strike or lock-out.

The unions gave an assurance in Court on Tuesday that they would lift their campaign of rolling strikes while the Court considered the action.

Mr B. McClelland. Q.C., appeared for the unions. Miss Ann Knowles was advocate for the Freezing Companies’ Association, and Mr John Matheson appeared for Federated Farmers.

Mr McClelland urged the Court to read the relevant section with care as it was the first time the Court had had to interpret it. The section was passed to provide for emergency situations. he said

The wording of the section was powerful.

I'he concern was not whether, for example, a farmer had less to spend than he had before.

The concern was whether the viability of particular aspects of the economy was affected by the meat workers' action. “We are not concerned with profits, we are concerned with the viability of an industry." said ’Mr McClelland. Nobody had suggested that the meat industry was not viable because’ of rolling strikes.

No evidence which could be substantiated had been produced, he said. “The nearest we got was last year's glossies." referring to freezing companies' annual reports. If the claim succeeded unions would no longer have anv bargaining power, said Mr McClelland.

“Unless a union, just as an employer or farmer, can control what he does with his assets then it is a very serious matter indeed."

Mr Matheson said that it had been clearly established that the economy of the farming industry had been seriously affected. and would be in the immediate future. He traversed the evidence of the farmers who had appeared and spoke of weight loss in their sheep and damage to pasture growth because of the strikes.

No evidence had been produced by the unions that the industry was not seriously affected. The momentum on the wage freeze was building, which must leave the Court with some view that unless there was a settlement there would be further and greater industrial strife in the verv near future.

The damage to the farming industry because of the rolling strikes was clear.

The bargaining power of the unions had nothing to do with the case, said Mr Matheson. Miss Knowles said the association had taken the case to the Arbitration Court without the pressure of the Meat Board and Federated Farmers, as was suggested by Mr McClelland.

“The association applied to the Court for a hearing because of a firm belief that not only the economy of New Zealand through its export trade was seriously affected, and there was every likelihood it would be in the future, but also the economy of the industry was affected.” she said.

More than a million sheep had been held back on New Zealand farms because of the stoppages, and there had been irrecoverable losses, said Miss Knowles.