| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 132/03 |
| Hearing date | 4 Feb 2003 |
| Determination date | 13 May 2003 |
| Member | K J Anderson |
| Representation | A Fitzgibbon ; J Hannan, T Sherlock |
| Location | Auckland |
| Parties | National Distribution Union v Foodstuffs (Auckland) Ltd |
| Summary | DISPUTE - Interpretation of coverage clause in record of settlement - Coverage clause applied only to named employees who were union members - No other meaning to plain words used - Coverage clause did not comply with s5 Employment Relations Act 2000 - If new collective employment agreement had come into force coverage clause would have been invalid and unenforceable - Employer bound to comply with ss 62 and 238 Employment Relations Act 2000 - BREACH OF GOOD FAITH - No breach of good faith during bargaining process - Failing to conclude new collective employment agreement not breach of good faith - COMPLIANCE ORDER - No compliance order granted |
| Result | Application dismissed ; Questions answered ; Costs to lie where they fall |
| Statutes | ERA s4;ERA s5;ERA s54;ERA s54(1);ERA s54(1)(b);ERA s56;ERA s57;ERA s62;ERA s62(1)(a);ERA s62(2);ERA s63;ERA s64;ERA s65;ERA s137;ERA s137(2);ERA s149;ERA s151;ERA s160(3);ERA s161(1)(a);ERA s238 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |