| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 45A/03 |
| Hearing date | 8 Apr 2003 |
| Determination date | 04 June 2003 |
| Member | P Cheyne |
| Representation | PD Zwart ; D Martin |
| Location | Christchurch |
| Parties | Canterbury Westland Free Kindergarten Association (t/a Kidsfirst Kindergartens) v New Zealand Educational Institute |
| Summary | DISPUTE - Interpretation and application of collective agreement - Whether able to employ practice managers under fixed term agreements - Terms of agreement echoed wording of s66 Employment Relations Act 2000 - History of issue between parties and wording of collective agreement demonstrated intention to restrict use of fixed terms - Whether genuine reasons for fixed term - Fixed term ensured wider opportunities for teachers to hold practice manager position - Decreased risk of practice managers losing touch with reality of teaching - No genuine reasons based on reasonable grounds - Requirement for practice managers ongoing - No need to consider s66 ERA separately - Collective agreement prevented fixed terms - Secondments available in specific circumstances under wording of collective agreement - Kindergarten teachers |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Statutes | ERA s66;State Sector Act 1988 s77I |
| Cases Cited | Association of Staff in Tertiary Education & Ors v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;New Zealand Merchant Service Guild Industrial Union Inc v Pacifica Shipping (1985) Ltd unreported, GJ Wood, 24 August 2001, WA 26A/01 |
| Number of Pages | 5 |
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