| Summary |
DISPUTE - Whether second applicant covered by collective employment agreement between first applicant union and respondent employer - Coverage clause provided that collective agreement covered generalist banking roles and S1-S4 specialist roles as described in clause 30, but did not cover staff members in management roles - Respondent alleged S1-S4 specialist roles were defined among other things by salary attached to role - Alleged that applicant's salary had to fall within salary scale specified in collective agreement in order for applicant to be covered by collective agreement - Applicant's salary exceeded maximum specialist salary payable under collective agreement by nearly $30,000 - Coverage determined not by salary but by coverage clause - No salary cap under terms of collective agreement - Only exclusion where employee in management role - Nothing that prevented cover under collective agreement where employee was paid more by arrangement under individual terms - Employment Relations Act 2000 permitted overlapping coverage by collective and individual employment agreements - Therefore, as applicant held specialist role, provided it was described in clause 30, he would be entitled to coverage - Respondent could not rely on applicant's role being management role when it clearly was not - Applicant entitled to coverage as member of union - Senior analyst programmer |