| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 28/01 |
| Determination date | 06 June 2001 |
| Member | P R Stapp |
| Representation | J Slater ; S O'Sullivan & K O'Rourke |
| Location | Wellington |
| Parties | Corrections Association of New Zealand Inc v Attorney General in respect of the Chief Executive of the Departments of Corrections |
| Summary | DISPUTE - Interpretation of Employment Relations Act 2000 - Expiry date of CEC varied by simple agreement - General variation clause in CEC - Whether expiry date of a CEC could be varied without a ballot under s246 - Properly agreed variations to a CEC were permitted under s243 according to the tenor of the CEC - Expiry date did not have to be the original date in the CEC - Ballot not the only mechanism to shorten term of CEC under s246 - Discretionary element by use of word may" - Prison employees" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s243;ERA s244;ERA s245;ERA s246 |
| Cases Cited | Air NZ Ltd v Northern Clerical etc Union and Ors [1991] 1 ERNZ 460 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |