| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 21/04 |
| Determination date | 27 February 2004 |
| Member | H Doyle |
| Representation | T Wilton ; P Churchman |
| Location | Christchurch |
| Parties | Pickering and Anor v Timaru Herald, a division of INL Publishing Ltd |
| Other Parties | New Zealand Amalgamated Engineering Printing & Manufacturing Union |
| Summary | DISPUTE - Application for determination that first applicant not bound by collective agreement - First applicant employed by respondent - Second applicant union and respondent parties to CA - CA covered work performed by first applicant - Class of membership for union members who had not authorised union to represent collective interests - Class of membership not reflected in CA - Full Court found s56 Employment Relations Act 2000 prevailed over s18 ERA - Unnecessary for union to have permission of members to negotiate collective employment terms - First applicant bound by CA |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s18(1);ERA s18(2);ERA s56(1);ERA s56(1)(b);ERA Part 5 |
| Cases Cited | National Union of Public Employees v New Zealand Customs Service unreported, Goddard CJ, Travis and Shaw JJ, 19 February 2004 WC 2/04;NZ Amalgamated Engineering Printing & Manufacturing Union Inc v APN (NZ) Ltd [2003] 2 ERNZ 11 |
| Number of Pages | 6 |
| PDF File Link: | ca 21_04.pdf [pdf 27 KB] |