| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 156/09 |
| Hearing date | 1 May 2009 |
| Determination date | 15 May 2009 |
| Member | M Urlich |
| Representation | S Mitchell ; P Muir, K Burson |
| Location | Auckland |
| Parties | Maritime Union of New Zealand v C3 Ltd |
| Summary | DISPUTE – JURISDICTION – First issue whether respondent applicant’s members' employer – Second issue whether applicant had standing to challenge collective employment agreement between Rail and Maritime Union and respondent (“RMTU CEA”) – Applicant’s members employed under Maritime Union of New Zealand CEA (“MUNZ CEA”) and TLNZ Ltd identified as employer – Respondent identified as RMTU’s employer under RMTU CEA – Respondent developed as new company brand and parent company to TLNZ Ltd– Applicant performed contract for lashing and hatch work – Contract subsequently transferred to another subsidiary company – Respondent held consultations with applicant and RMTU – RMTU CEA varied to allow contract work to come within terms of RMTU CEA – Applicant who were offered contract work joined RMTU - Applicant argued RMTU CEA undermined MUNZ CEA therefore sought to challenge RMTU CEA – Applicant claimed respondent led them to believe respondent their employer therefore respondent estopped from denying that position – Claimed variation to RMTU CEA had no legal effect and applicants entitled to represent union members in matters involving their collective interests – Respondent claimed applicant not party to RMTU CEA therefore no standing – Claimed TLNZ Ltd not agent for respondent therefore no grounds to lift corporate veil to declare TLNZ Ltd and respondent indistinguishable – Authority found respondent not applicant’s employer therefore no standing to challenge RMTU CEA – Found TLNZ Ltd applicant’s employer - Questions answered in favour of respondent |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s5;ERA s18 |
| Number of Pages | 5 |
| PDF File Link: | aa 156_09.pdf [pdf 29 KB] |