| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 209A/02 |
| Hearing date | 16 Jul 2002 |
| Determination date | 22 July 2002 |
| Member | T Woods |
| Representation | P Swarbrick ; J Watson |
| Location | Auckland |
| Parties | Customs Officers Association v New Zealand Public Service Association (Inc) |
| Summary | INTERIM INJUNCTION - Supplementary order - Reasons for decision to grant compliance order and interim injunction - Injunction to prevent ratification of collective bargaining settlement - Parties had agreed to consolidate bargaining - Respondent elected to reach separate agreement with employer - Alleged breach of good faith - Alleged not entitled to bargain separately until consolidated bargaining had ended - Respondent contended Authority lacked jurisdiction - Alleged no employment relationship - Applicant had arguable case - Alleged if separate collective came into force impossible to negotiate other terms - Employer stated no terms above those negotiated with respondent would be considered - Respondent contended if unable to ratify would loose back pay negotiated - Back pay would not be lost if ratification delayed - Balance of convenience favoured applicant - Orders contained in determination AA 209/02 |
| Result | Orders accordingly |
| Statutes | ERA s4(4);ERA s31;ERA s32(1)(d)(ii);ERA s32(1)(d)(iii) |
| Cases Cited | Customs Officers Association Inc v New Zealand Public Service Association unreported, T Woods, 17 July 2002, AA 209/02;NZ Stevedoring Co Ltd & Ors v NZ Waterfront Workers Union [1990] 3 NZILR 437;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 8 |
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