| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 397/05 |
| Determination date | 06 October 2005 |
| Member | M Urlich |
| Representation | R McCabe ; K Thompson |
| Location | Auckland |
| Parties | New Zealand Air Line Pilots Association Inc v Air New Zealand Ltd |
| Summary | JURISDICTION – Whether Authority had jurisdiction to interpret terms of Superannuation Scheme – Dispute over definition of salary for the purposes of calculating amount respondent deducted from pilots’ salaries and contributed itself to superannuation scheme – Whether issue founded entirely within employment relationship – No dispute that terms of trust deed separate to employment agreement – However, some definitions in trust deed (e.g. “salary”) were expressly referenced in collective employment agreement (CEA") – References must have been for purpose of interpreting terms of CEA – Deductions and payments subject of dispute were governed by terms of deed – Relevant definitions of governing deed had been expressly imported into CEA and it followed that enforcement of the terms of the employment agreement must be possible including imported terms – Dispute based entirely on employment relationship – Authority had jurisdiction" |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s161 |
| Cases Cited | BDM Grange Limited v Parker and Ors [2005] 1 ERNZ 343 |
| Number of Pages | 3 |
| PDF File Link: | aa 397_05.pdf [pdf 13 KB] |