Amcor Packaging (NZ) Limited v New Zealand Amalgamated Engineering Printing & Manufacturing Union

[2012] NZCA 78

IN THE COURT OF APPEAL OF NEW ZEALAND

CA769/2011
[2012] NZCA 78

BETWEEN  AMCOR PACKAGING (NZ) LIMITED
Appellant

AND  NEW ZEALAND AMALGAMATED ENGINEERING PRINTING & MANUFACTURING UNION
Respondent

Hearing:         6 March 2012

Court:             O'Regan P, Randerson and Stevens JJ

Counsel:         R Harrison for Appellant
A-M McInally for Respondent

Judgment:      8 March 2012 at 2.30 p.m.

JUDGMENT OF THE COURT

Leave to appeal is granted on the following question:

Was the decision of the Employment Court on the meaning of clause 10 of the collective agreement in issue wrong because it applied unorthodox principles of interpretation?

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REASONS OF THE COURT

1. We record that we are satisfied this Court has jurisdiction to consider the appeal under s 214 of the Employment Relations Act 2000.  We reach that conclusion because we consider it is arguable that wrong or unorthodox principles of interpretation were applied by the Employment Court and that jurisdiction exists in terms of the decision of this Court in Secretary for Education v Yates.[1]

   [1]      Secretary for Education v Yates [2004] 2 ERNZ 313.

2. Leave to appeal is granted on the following question:

   Was the decision of the Employment Court on the meaning of clause 10 of the collection agreement in issue wrong because it applied unorthodox principles of interpretation?

Solicitors:
Quigg Partners, Wellington for Appellant