| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 298/06 |
| Hearing date | 8 Jun 2006 |
| Determination date | 19 September 2006 |
| Member | R A Monaghan |
| Representation | R McCabe ; K Thompson |
| Location | Auckland |
| Parties | New Zealand Air Line Pilots Association Inc v Air New Zealand Ltd |
| Summary | DISPUTE - Respondent leased aircraft to operate international cargo service - Crew provided as part of wet lease" - Pilots alleged failure to allow them to operate leased aircraft breached collective employment agreement ("CEA") - Respondent claimed aircraft only available with wet lease - Authority accepted genuine commercial reasons for decision and not attempt to bypass pilot's rights - Applicant believed respondent diminished pilots' job prospects by not offering them positions on freight operation - Contended lease not "short term" as allowed by CEA, and concerned would be renewed - No evidence to indicate respondent planned longer commitment to lease - Disputed clauses already subject to judicial consideration - If stare decisis applied to institutional structure created under Employment Relations Act 2000 Authority bound by interpretation found in Fransham and Others v Air New Zealand Ltd (cited below) - Authority accepted elements of issue estoppel present - Union party acting as applicant rather than affected individual members sufficient to meet requirement that parties to judicial decision, or their privies, be same - Court's interpretation of clauses applied to present facts - Prior to arrangements for wet lease none of respondent's pilots employed in dedicated international cargo operation - Pilot's security and job prospects remained at least as good as were, and not diminished - Conclusion about affect on pilots' prospects meant no need to address whether lease "short term" - Authority declined to make declarations sought - Applications for penalty and compliance orders declined" |
| Result | Application dismissed ; Question answered in favour of respondent ; Costs reserved |
| Cases Cited | Campbell-Cree & Others v Air New Zealand Ltd unreported, Colgan J, 13 December 1995, AEC 47C/95;Fransham and Others v Air New Zealand Ltd unreported, Finnigan J, 5 December 1995, AEC 127/95;New Zealand Air Line Pilots' Association IUOW v Air New Zealand Ltd [1988] NZILR 793 |
| Number of Pages | 8 |
| PDF File Link: | aa 298_06.pdf [pdf 39 KB] |