| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 164/05 |
| Hearing date | 3 May 2005 |
| Determination date | 06 May 2005 |
| Member | A Dumbleton |
| Representation | S Mitchell ; R Harrison |
| Location | Auckland |
| Parties | Saint Kentigern Teachers Association v Saint Kentigern Trust Board |
| Summary | DISPUTE - Application of collective agreement - Applicant questioned lawfulness of employment arrangements whereby teachers were engaged in management positions for fixed term and paid management units" for extra work - Arrangements were available under relevant clause of collective agreement - If respondent and any member of applicant entered into individual employment agreement in respect of work and remuneration covered by relevant clause this would breach coverage provisions of collective agreement - Letter offering management duties gave impression that respondent intended to enter into individual employment agreement - However respondent could not have intended to enter into tandem individual employment agreement - Applicant's members had only one contractual position as teachers but had undertaken additional duties - Employment agreement not for fixed term although additional responsibilities were for finite period - If management positions were fixed term employment agreements, fixed term would not be for genuine reasons based on reasonable grounds - Such reasons and grounds most likely would spring from inherent nature of positions itself rather than external factors - Breach of collective agreement would have occurred if arrangements should have been made subject of a variation to be consented to by applicant, but this required further investigation - Teachers" |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s66 |
| Number of Pages | 4 |
| PDF File Link: | aa 164_05.pdf [pdf 23 KB] |