| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 382/05 |
| Determination date | 27 September 2005 |
| Member | L Robinson |
| Representation | T Oldfield ; D France |
| Location | Auckland |
| Parties | Service & Food Workers Union Nga Ringa Tota Inc v Air New Zealand |
| Summary | PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court - Two issues - First allegation that respondent had unlawfully passed on in individual employment agreements certain terms and conditions agreed to in parties' collective agreement - Second allegation that respondent had conferred unlawful preference on non-union employees by offering them higher one-time payment for continuous service than one-time payment agreed with applicant - Applicant sought removal to Court which respondent did not oppose - First issue alleged to require consideration of s59B(2) ERA - Section not yet judicially considered - Satisfied important question of law arose - Second issue alleged to have general importance to many unions, union members and employers - Satisfied case of important nature and had corresponding attendant urgency - Authority had previously ordered removal of case about s59B(2) - Expected that present proceeding's progress would be subject to progression of that case - Matter removed |
| Result | Application granted ; Matter removed to Employment Court ; No order for costs |
| Statutes | ERA s59B(2);ERA s178 |
| Cases Cited | National Distribution Union v General Distributors Ltd unreported, R Monaghan, 30 August 2005, AA 335/05 |
| Number of Pages | 3 |
| PDF File Link: | aa 382_05.pdf [pdf 35 KB] |