| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 11 |
| Hearing date | 8 Oct 2013 |
| Determination date | 15 January 2014 |
| Member | J Crichton |
| Representation | R Harrison, C Abaffy ; R Towner, S Maxfield |
| Location | Auckland |
| Parties | New Zealand Air Line Pilots Assoc Inc (NZALPA) v Air New Zealand Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Respondent negotiated different collective employment agreements (“CEA”) with applicant and other union – CEA between applicant and respondent (“parties’ CEA”) provided any agreement with other union more favourable than parties’ CEA would be passed on to employees covered by parties’ CEA on request – CEA between respondent and other union provided better remuneration for some pilots – Whether parties’ CEA allowed passing on of particular terms and conditions in CEA with other union or only allowed passing on of whole CEA |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES: Interpreting parties’ CEA as allowing passing on of particular terms and conditions in CEA with other union did violence to plain words of clause. “Agreement” in parties’ CEA referred to whole of CEA with other union and not particular parts of CEA. Characterisation of respondent’s position as out of step with Employment Relations Act 2000 or difficult to implement not attractive. Accepting applicant’s interpretation of CEA would mean respondent would have continuing, unquantifiable contingent liability. Respondent not in breach of CEA. No arrears of wages. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ERA Part 5;ERA s59B;ERA s59C |
| Cases Cited | New Zealand Professional Firefighters Union v The New Zealand Fire Service Commission [2011] NZEmpC 149;New Zealand Tramways and Public Transport Employees Union Inc v Transportation Auckland Corp Ltd [2006] ERNZ 1005;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_11.pdf [pdf 172 KB] |