| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 1 |
| Hearing date | 18 Oct 2012 |
| Determination date | 03 January 2013 |
| Member | T G Tetitaha |
| Representation | S Mitchell ; G Service |
| Location | Tauranga |
| Parties | Maritime Union of New Zealand Inc v Ballance Agri-Nutrients Ltd |
| Summary | DISPUTE - Parties disputed whether collective agreement could be interpreted to include additional term – Whether at time of ratification agreement was to increase salaries of all employees or only printed salaries – Applicant claimed additional term meant later interpretation. |
| Abstract | AUTHORITY FOUND –;DISPUTE: No mutual agreement to additional term. Additional term inconsistent with collective agreement. Additional term and collective agreement could not live together as terms of employment agreement. Collective agreement prevailed. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61(1)(a) – ERA s61(1)(b) - ERA s129 – ERA s129(2) - ERA s137(1)(a) - ERA s163 - |
| Cases Cited | New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc v Energex Ltd [2006] ERNZ 749;New Zealand Meat Processors IUOW v Alliance Freezing Co (Southland) Ltd (1990) ERNZ Sel Cas 834; [1991] 1 NZLR 143;Norske Skog Tasman Ltd v Manufacturing & Construction Workers Union Inc [2009] ERNZ 342 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_1.pdf [pdf 116 KB] |