Decision threat to federation

Press, 12 September 1986, Page 1

Decision threat to federation

By

PATRICIA HERBERT

in Wellington

A landmark Arbitration Court decision, made public yesterday, has the potential to wipe out the Pulp and Paper Workers' Federation — the group at the heart of the Kawerau dispute. Because the federation is not a registered union but an incorporated society, it can only negotiate under Part 10 of the Industrial Relations Act and the ruling finds that Part 10 agreements cannot apply where there is an award or a collective agreement in existence. This leaves the federation without legal protection against any unions

which might be able to lay claim under their awards for coverage of its members. The opinion was handed down by Judge Horn on September 9 and is significant because it is the first time the Court has ruled in this area. This is because societies such as the federation do not come within the Court’s jurisdiction. The Timber Workers’ Union brought the case, basically a demarcation dispute with the federation, only through the ruse of suing the Tasman mill which, as an employer, comes under the Court. At issue was whether the work of loading a piece of equipment — a

hog classifier — should be done by timber workers or pulp and paper workers. Judge Horn could rule only on the matter before him and found for the union. — =' He said in his ruling, however, that it might well be that the timber workers’ award extended into the Tasman plant to include the pulping process “at least to the point where pulp commences to be converted into paper.” But the implications are even wider than this because, just as these jobs might be claimed by the timber workers, so the Engineers’ Union may be able to lay claim to the paper-making end of the job under the very broad definitions available to it in the metal trades award. It is unlikely that either union would attempt to poach to this extent, at least at this stage. The secretary of the Timber Workers' Union, Mr Raymond Hamilton, said yesterday that he was not thinking of going for further coverage. The decision, he said, involved only two jobs and endorsed a demarcation agreement reached with the federation in 1962. He planned to continue to adhere to that. A company spokesman said, however, that should Mr Hamilton’s union want to press in court for the pulping jobs, it could take between 200 and 300 members from the federation. Another employer source said the decision showed the weakness of Part 10 agreements and gave the timber workers the opportunity to be “more aggressive” should they choose.