| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 297/09 |
| Hearing date | 21 Aug 2009 |
| Determination date | 24 August 2009 |
| Member | L Robinson |
| Representation | D McKinnon ; G Lloyd |
| Location | Auckland |
| Parties | Downer EDI Engineering Ltd v New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc |
| Summary | DISPUTE – Dispute over redundancy entitlements of “affected employees” employed by applicant before commencement of collective employment agreement (“CEA”) who subsequently became members of respondent union – Applicant argued affected employees’ redundancy entitlements determined exclusively by CEA – Respondent argued affected employees’ redundancy entitlements set out in prior individual employment agreements (“IEAs”) continued to apply – Disputed clauses: 1.4, 1.5 CEA - Authority applied principles of interpretation – Found wording of disputed CEA clauses clear and unambiguous – Authority therefore declined to enquire into pre-contractual negotiations or subjective intentions – Found disputed clauses savings clauses which saved different things – Found affected employees of class contemplated by clause 1.5 only, not clause 1.4 – Found “remuneration” did not include redundancy compensation – Found redundancy compensation not remuneration capable of being saved by clause 1.5 – Respondent argued situation was preference prohibited by s9 Employment Relations Act 2000 (“ERA”) - Authority found no advantage or priority provided to any class of applicant’s employees under clauses 1.4 and 1.5 because were or were not union members – No breach of s9 ERA – Found effect of disputed clauses that affected employees to receive notice and redundancy compensation under CEA, and any previous IEAs not applicable |
| Result | Questions answered ; Costs to lie where they fall |
| Main Category | Dispute |
| Statutes | ERA Part 4;ERA s9 |
| Cases Cited | ASTE v Chief Executive BOP Polytechnic [2002] 1 ERNZ 491 (EC);Boat Park Ltd v Hutchinson [1999] 2 NZLR 74 (CA);Hansells (NZ) Ltd v Ma unreported, Travis J, 14 September 2007, AC 53/07;Investors Compensation Scheme Ltd v West Bromwich [1998] 1 All ER 97;Lowe Walker Paeroa Ltd v Bennett [2006] 1 ERNZ 361 (CA);Melanesian Mission Trust Board v AMP Soc [1977] 1 NZLR 391;NZ Tramways Public Transport Employees Union Inc & Others v Transportation Auckland Corporation Ltd & City Line (NZ) Ltd [2006] 1 ERNZ 1005;Prenn v Simmonds [1971] 1 WLR 1381;Yoshimoto v Canterbury Golf International Ltd [2004] 1 NZLR 1 (PC) |
| Number of Pages | 8 |
| PDF File Link: | aa 297_09.pdf [pdf 27 KB] |