| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 75 |
| Determination date | 04 March 2013 |
| Member | A Fitzgibbon |
| Representation | C Abaffy ; D France |
| Parties | New Zealand Airline Pilots Association Inc v Eagle Airways |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found whether bargaining for collective employment agreement in circumstances where bargaining union had no members employed by respondent important question of law – Found matter of importance to large number of employers, employees and union and in all circumstances EC should determine matter - Matter removed to EC |
| Abstract | Applicant sought removal of matter to Employment Court (“EC”) on grounds important question of law likely to arise and in all circumstances EC should determine matter. Matter determined on papers. During parties’ bargaining for new collective employment agreement (“CEA”), another union (“FANZP”) issued respondent with notice initiating collective bargaining and respondent notified employees of bargaining with FANZP. No employees of respondent members of FANZP. Applicant claimed bargaining between respondent and FANZP unlawful, breached respondent’s obligations to act in good faith and could not take place in circumstances where FANZP had no members employed by respondent. Respondent claimed not prohibited from bargaining with FANZP. Applicant claimed whether bargaining for CEA in circumstances where FANZP had no members employed by respondent, whether respondent notifying employees of FANZP bargaining where no employees FANZP members and whether applicant had standing to take legal action against respondent important questions of law. Respondent opposed application for removal.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Employment Relations Act 2000 silent on ability of union to initiate CEA bargaining with employer where no employees members of union. Whether bargaining for CEA in circumstances where FANZP had no members employed by respondent important question of law. Matter of importance to large number of employers, employees and union and in all circumstances EC should determine matter. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s5;ERA s12;ERA s18;ERA s41;ERA s42;ERA s178;ERA s178(2);ERA s178(2)(a);ERA s178(2)(d);ERA s178 |
| Cases Cited | McAlister v Air New Zealand Ltd unreported, Shaw J, 11 May 2005, AC22/05 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_75.pdf [pdf 159 KB] |