| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 335/05 |
| Determination date | 30 August 2005 |
| Member | R A Monaghan |
| Location | Auckland |
| Parties | National Distribution Union v General Distributors Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Parties negotiated two collective agreements which included bargaining fee clauses - Majority vote in ballots on whether there should be a bargaining fee - Next step was for non-union employees to elect whether or not to pay bargaining fee - Applicant alleged in respect of one agreement respondent encouraged non-union employees to not pay bargaining fee - Only 2,578 of 12,800 non-union employees chose not to opt out of bargaining fee - Applicant's members received 5.2% pay increase and non-union employees received increase of 5% (at one supermarket) and 5.2% (at another) - Applicant also concerned respondent would pass on" benefits of collective in respect of other agreement - Applicant applied for declarations of breach of good faith, penalties, damages, orders restraining respondent from passing on pay increases, and orders requiring respondent negotiate in good faith with individual employees - Important questions of law alleged to arise - Extent to which advice to employees with regards to opting out of bargaining fee as per s69R(1)(c) ERA could give rise to breach of good faith - Meaning and extent of s59B(2) ERA regarding undermining collective agreement - Authority of opinion Court should determine matter - Matter removed to Court" |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Statutes | ERA s59B;ERA s59B(2);ERA s69R(1)(c);ERA s178 |
| Number of Pages | 3 |
| PDF File Link: | aa 335_05.pdf [pdf 15 KB] |