| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 113 |
| Determination date | 18 June 2013 |
| Member | D Appleton |
| Representation | J Cranness ; C Mayston |
| Parties | Tasman District Council v New Zealand Public Service Assoc |
| Summary | DISPUTE – Parties disputed interpretation of term ‘annual market salary movement’ in parties collective agreement (“CA”) – Whether general market rates or average of general market rates and local government market rates applied to variation of salary bands under CA |
| Abstract | AUTHORITY FOUND –;DISPUTE: Clause widely drafted and unequivocal. Previous agreements superseded. Drafts could not be taken into account. Other local government organisations could be considered when setting salaries. Applicant operated within real market of other government organisations. Wider interpretation preferred. Local government market rates applied. Question answered in favour of applicant. |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s129(1) – ERA s129(2) – ERA Part 10 – ERA s161(1)(a) |
| Cases Cited | Association of Staff in Tertiary Education Inc: ASTE Te Hau Takitini O Aotearoa v Hampton, Chief Executive of Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Chief Executive Office of the Department of Corrections v Corrections Association of New Zealand Inc [2005] ERNZ 984;Dwyer v Air New Zealand Ltd [1996] 2 ERNZ 146;Dwyer v Air New Zealand Ltd (No 2) [1996] 2 ERNZ 435;Hansells (NZ) Ltd v Ma [2007] ERNZ 637;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 20 |
| PDF File Link: | 2013_NZERA_Christchurch_113.pdf [pdf 352 KB] |