| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 55/07 |
| Hearing date | 11 Apr 2007 |
| Determination date | 16 April 2007 |
| Member | D Asher |
| Representation | P McBride ; A Caisley |
| Location | Wellington |
| Parties | NZ Tramways & Public Passenger Transport Authorities Employees IUOW (Wellington Branch) v Cityline (NZ) Ltd t/a Cityline Hutt Valley |
| Summary | PRACTICE AND PROCEDURE – Application for partial strike out – Applicant alleged respondents entered into purported multi-employer, multi union collective employment agreement (“MEMUCA”) in breach of Employment Relations Act 2000 (ERA") – Sought various declarations including finding MEMUCA void ab initio and not valid as collective agreement – Respondent claimed applicant lacked standing and s163 ERA meant Authority could not make an order cancelling or varying collective agreement – Respondent asked that that part of applicant’s claim be struck out – Effect of s163 ERA clear and certain – Union argued section no obstacle to request for declaration MEMUCA void ab initio because agreement not what it purported to be and in a sense did not exist because not true collective agreement – Authority did not accept position because were it to meet union’s request clear and certain effect would be clearly that of cancelling agreement – Validity of purported agreement matter properly tested by application of s194 ERA – No evidence could void effect of ss163 and 194 ERA – Partial strike out application granted - Decision did not stop applicant pursuing other claims relating to alleged breaches of good faith" |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s135;ERA s135(1)(b);ERA s137(4)(a);ERA s163;ERA s194;ERA Part 5 |
| Cases Cited | Clark v NCR (NZ) Corporation [2006] ERNZ 401;New Zealand Fire Service Commission v New Zealand Professional Firefighters' Union Inc [2005] 1 ERNZ 1053;Sibly v Christchurch City Council [2002] 1 ERNZ 476 |
| Number of Pages | 6 |
| PDF File Link: | wa 55_07.pdf [pdf 24 KB] |