The applicant trade union sought a declaration under section 55 of the Labour Relations Act that a sale of a business occurred when the respondent purchased a plant and equipment from a predecessor company.
The Board found that the predecessor had ceased operating the plant 18 months prior to the transaction and that the respondent, which had been operating a parallel business, purchased idle assets to improve its own existing business.
The Board concluded that there was no transfer of a part of the predecessor's business that supported the employment of the employees represented by the applicant, and therefore dismissed the application.
