| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 391/04 |
| Hearing date | 20 Oct 2004 - 5 Nov 2004 (2 days) |
| Determination date | 29 November 2004 |
| Member | J Wilson |
| Representation | J Watson ; M O'Brien |
| Location | Auckland |
| Parties | Corrections Association of New Zealand v GEO NZ Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with recently negotiated agreement regarding operating capacity of Auckland Central Remand Prison – Sought to ensure compliance with spirit and intent of agreement in respect of prison’s maximum operating capacity and that respondent pay maximum penalty in respect of all breaches – Maximum capacity of prison increased from 299 inmates - Whether legally binding variation of collective agreement dealing with increase in capacity – Whether variation prevented increase in capacity level beyond 340 inmates – Was variation to CA – Variation enforceable by parties – Legally enforceable even if not variation to CA – General manager who agreed to variation had authority to do so - Plain meaning of words meant maximum was 340 – Compliance ordered – Respondent to restrict total number of inmates to maximum of 340 as soon as practicably possible or within 7 days (or within such other reasonable time as agreed with applicant) - PENALTY - Penalties not appropriate |
| Result | Application granted ; Compliance ordered ; Orders accordingly |
| Cases Cited | Dwyer v Air New Zealand Ltd [1996] 2 ERNZ 146;Fletcher Challenge Energy Ltd v Electricity Corporation of New Zealand Ltd [2002] 2 NZLR 433;Tutty v AC Blackmore Ltd [1999] 1 ERNZ 587 |
| Number of Pages | 8 |
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