| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 455 |
| Determination date | 07 November 2014 |
| Member | R Larmer |
| Representation | P Muir ; P Cranney |
| Parties | Vice-Chancellor, University of Auckland v Tertiary Education Union |
| Summary | DISPUTE – Parties disputed whether applicant able to amend certain policy without respondent’s agreement – Whether applicant able to amend certain policy after participatory review process established by collective employment agreement (“CEA”) ended without agreement |
| Abstract | AUTHORITY FOUND –;DISPUTE: Plain wording of relevant clauses in CEA indicated that respondent’s agreement not required before amendments could be made to certain policy. Clauses in CEA established mechanism by which employees could participate in academic governance of University by engaging in participatory process if applicant decided to review certain policies. Requirement in previous CEA for respondent to agree to changes to certain policy not contained in current CEA. Applicant entitled to amend certain policy provided participatory process complied with. Applicant’s ability to amend policies included deleting, replacing or amalgamating policies. Question answered in favour of applicant. |
| Result | Question answered in favour of applicant ; Costs to lie where they fall |
| Main Category | Dispute |
| Cases Cited | New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2011] NZEmpC 144;NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Amcor Packaging (New Zealand) Ltd [2011] ERNZ 409;Pyne Gould Guinness Ltd v Montgomery Watson (NZ) Ltd [2001] NZAR 789;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317;Van Brandenburg v Queenstown Lakes District Council unreported, Judge Jackson, Commissioners Manning and Sutherland, 28 June 2007, C85/07;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_455.pdf [pdf 259 KB] |