| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 75/01 |
| Determination date | 29 June 2001 |
| Member | J Wilson |
| Representation | R Towner ; J Slater ; J Watson |
| Location | Auckland |
| Parties | Australasian Correctional Management Ltd v Corrections Association of New Zealand |
| Other Parties | New Zealand Public Service Association Inc |
| Summary | BARGAINING - Respondent one of several parties to CEC - CEC included coverage and subsequent parties clauses - Secret ballot of respondent's members that CEC expire 1 July 2001 - Gave notice to initiate bargaining - Whether CEC should have continued in force according to its tenor - Whether applicant prevented from bargaining because bound by current CEC - Section 243 ERA which continued CEC in force according to its tenor subject to secret ballot in section 246 - CEC held to expire for respondent's members 1 July 2001 - Entitled to issue bargaining notice - Applicant obliged to enter negotiations - Provisions of ERA took precedence over coverage and subsequent parties clauses in CEC - CEC to continue in force according to its tenor for employees other than members of respondent - Prison workers |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s41;ERA s42;ERA s238;ERA s243;ERA s244;ERA s246 |
| Cases Cited | NUPE v New Zealand Customs Service unreported, P Cheyne, 7 May 2001, CA 8A/01;Ruapehu District Council v Northern Local Government Officers Union [1992] 2 ERNZ 276 |
| Number of Pages | 8 |
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