| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 82/01 |
| Determination date | 15 November 2001 |
| Member | D Asher |
| Representation | M Quigg & S Heywood ; S O'Sullivan & D Blackett |
| Location | Wellington |
| Parties | Farmers Mutual Group Staff Association v Farmers Mutual Insurance Association |
| Summary | COMPLIANCE ORDER - Orders sought that new positions in respondent company within Collective Employment Agreement's coverage provision and that direct bargaining with employees for Individual Employment Agreements unlawful - Agreement reached between parties on new CEA before restructuring completed - Agreement that middle management excluded from CEA coverage clause - Reassured that area managers not middle management - 3 weeks after agreement area management positions restructured into new positions - New positions regarded as middle management by respondent - Respondent bargained IEAs for new positions directly with employees - Contractual interpretation - No express definition of middle management - Meaning found in recent conduct of parties and application of objectives of ERA - Area management positions and new positions substantially similar - Failure to meet contractual obligations breach of good faith - Order that respondent apply both provisions of CEA and terms in IEAs which were not inconsistent with CEA - Order that respondent not to bargain directly with employees covered by CEA |
| Result | Application granted ; Compliance orders granted ; Costs reserved |
| Statutes | ERA s3(a);ERA s4;ERA s15;ERA s18;ERA s18(3);ERA s32;ERA s61;ERA s163;ERA s236(3) |
| Cases Cited | Boat Park Ltd v Hutchinson [1999] 2 NZLR 74 |
| Number of Pages | 15 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |