| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 80/06 |
| Hearing date | 17 Mar 2006 |
| Determination date | 21 March 2006 |
| Member | A Dumbleton |
| Representation | K Beck ; R Larmer |
| Location | Auckland |
| Parties | NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court – Problem was concerned with (a) an apparent (but undisclosed) strategy by respondent to contract out “non core” or “peripheral” areas of business and (b) the strategy’s practical effect on the respondent’s proposal to contract out cleaning services and the work of 106 employees – Applicant alleged respondent failed to correctly understand its obligations under Collective Employment Agreement (CEA") provisions relating to contracting out the respondent’s work – Also alleged respondent failed to comply with those obligations and there was an anticipated failure to comply with the process further downstream – Also at issue was the existence of a “business strategy” devised by respondent and intended by it to be implemented in blanket or wholesale fashion so as to achieve the contracting out of other work and services as well as that of aircraft cleaning – Applicant sought declarations that respondent breached good faith requirements and failed to comply with obligations under CEA – In all the circumstances Court should determine the matter – If not the ground itself, there were elements of s178(2)(a) Employment Relations Act 2000 present to such a degree that when considered with the nature of the case and its relative urgency left Authority with opinion that Court should determine matter – Matter removed to Court – Non publication order of certain parts of statement in reply and certain documents attached to statement in reply" |
| Result | Application granted ; Matter removed to Employment Court ; Non-publication order ; Costs reserved |
| Statutes | ERA s178(2);ERA s178(2)(a);ERA s178(2)(b) |
| Number of Pages | 4 |
| PDF File Link: | aa 80_06.pdf [pdf 21 KB] |