| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 121 |
| Determination date | 29 November 2017 |
| Member | Tania Tetitaha |
| Representation | P Cranney, C McNamara ; P Shaw (1st Resp), E Warden (2nd Resp), A Hall (3rd Resp), B Smith (4th Resp), A Shadbolt, A Twaddle (5th Resp), T McGinn (6th Resp), E Anderson (7th Resp), A Shadbolt, A Twaddle (8th Resp) ; L Sijbrant (Council for Platform Tust as Intervener) |
| Location | Wellington |
| Parties | Alo and Ors v Emerge Aotearoa Ltd ; De Feijter v Healthcare of New Zealand Ltd ; Jardine and Anor v Mash Trust ; Wellington and Anor v Odyssey House Trust ; Brough and Ors v Pathways Health Ltd ; Davies v Pukeko Blue Ltd ; Katipa v Te Awhi Whanau Charitable Trust ; Baldwin v Walsh Trust |
| Other Parties | Broughton, Rubaduca, Shortland (1st App) ; Murphy (3rd App) ; Wiremu (4th App) ; Brown, Evans (5th App) |
| Summary | JURISDICTION – Applicants sought determination of remuneration provisions in collective agreement meeting requirements of s3(1)(b) of Equal Pay Act 1972 (“EPA”) |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Individual and collective employment agreements could be defined as “instruments” under s2 of EPA. Statutory scheme of EPA allows for both existing and proposed agreements to be examined for compliance with s3(1)(b) of EPA. Interpretation of EPA in relation to existing collective employment agreements between Unions and first, second, fifth, seventh and eighth respondent’s meant they could not bring an action to the Authority. Action must be filed at Employment Court. The third, fourth and sixth parties have individual employment agreements which can only be granted a determination about remuneration pursuant to s3 of EPA upon Authority’s own motion or by way of application by a Labour Inspector. No application was put to Authority. No urgency to grant own motion. No justiciable application pursuant to s10 EPA for third, fourth and sixth parties to seek determination about remuneration provisions to meet s3 EPA. No jurisdiction. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Employment (Pay Equity and Equal Pay) Bill 2017 (284-1) cl3;Employment (Pay Equity and Equal Pay) Bill 2017 (284-1) First Schedule;Employment Contracts Act 1991 s2;Equal Pay Act 1972 s2;Equal Pay Act 1972 s2A;Equal Pay Act 1972 s3;Equal Pay Act 1972 s3(1)(b);Equal Pay Act 1972 s9;Equal Pay Act 1972 s10;Equal Pay Act 1972 s10(1);Equal Pay Act 1972 s10(3);Equal Pay Act 1972 s12;Equal Pay Act 1972 s12(c);Equal Pay Act 1972 s12(d);Equal Pay Act 1972 s12(e) |
| Cases Cited | Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc [2014] NZCA 516 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Wellington_121.pdf [pdf 125 KB] |