| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 67/04 |
| Hearing date | 6 May 2004 |
| Determination date | 08 June 2004 |
| Member | P Cheyne |
| Representation | JM Appleyard, V Donaghy ; A McKenzie, A Dallas |
| Location | Christchurch |
| Parties | Asure New Zealand Ltd v National Union of Public Employees |
| Summary | DISPUTE - Small minority of applicant's employees belonged to respondent - Applicant entered into partnership agreement with union representing majority of employees setting out commitments to long term interests of business and relationship between parties - Subsequent collective agreement with majority union incorporated financial rewards for employee-members to recognise success of partnership agreement - Applicant refused to offer same financial rewards to members of respondent - Alleged breached s9 Employment Relations Act 2000 - No advantage to members of majority union or corresponding detriment to members of respondent that affected freedom of association - Disparity of terms not breach of preference provisions in ERA in absence of ulterior motive by employer - No evidence that applicant offered different terms with purpose of discouraging membership in respondent - Intention behind offer of different terms to each union consistent with ERA and not unlawful - Order prohibiting publication of particular documents - Meat inspection service providers |
| Result | Questions answered in favour of applicant ; Orders accordingly ; Costs reserved |
| Statutes | ECA s7;ERA s3;ERA s8;ERA s9;ERA s9(1);ERA s9(2);ERA s10;ERA s11;ERA s14(1)(d);ERA s42;ERA s56;ERA Part 3;State Sector Act 1998 s70 |
| Cases Cited | Air New Zealand Ltd v Kippenberger [1999] 1 ERNZ 390;Asure New Zealand Ltd v Finlayson [2000] 1 ERNZ 685;New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc v APN New Zealand Ltd [2003] 2 ERNZ 11;New Zealand Public Service Association (Inc) v DesignPower NZ Ltd [1992] 1 ERNZ 669;NUPE v New Zealand Customs Service unreported, Goddard CJ, Travis, Shaw JJ, 19 February 2004, WC 2/04;Postal Workers Union Inc v New Zealand Post Ltd unreported, Goddard CJ, 3 October 1996, WEC 65/96;Roiri v Asure New Zealand Ltd unreported, Palmer J, 30 June 2000, CC 14A/00 |
| Number of Pages | 9 |
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