Australasian Correctional v Corrections Association of New

[2001] NZCA 344

IN THE COURT OF APPEAL OF NEW ZEALAND CA 219/01

BETWEEN	AUSTRALASIAN CORRECTIONAL MANAGEMENT LIMITED
Applicant

AND	CORRECTIONS ASSOCIATION OF NEW ZEALAND (INC)
First Respondent

AND	NEW ZEALAND PUBLIC SERVICE ASSOCIATION (INC)
Second Respondent

Hearing:	20 September 2001
Coram:	Richardson P Tipping J Anderson J
Appearances:	C H Toogood QC for Applicant B A Buckett for Respondents
Judgment:	7 November 2001

JUDGMENT OF THE COURT DELIVERED BY RICHARDSON P

1. This application under s214 of the Employment Relations Act 2000 for leave to appeal to this court against the decision of the Employment Court of 17 August 2001 was heard in the Miscellaneous Motions List on 20 September 2001 and counsel have now confirmed that there are no prematurity complications affecting the registration of the first respondent as a union under the Act, as discussed in New Zealand Employers Federation Inc v National Union of Public Employees (NUPE) (CA 32/01, judgment 24 September 2001).

2. The issue before the Employment Court was whether under the legislation as applying to the existing collective employment contract the first respondent was entitled to bargain for a new collective employment agreement and to lawfully strike in support.

3. The significance under the new legislation which the Employment Court attached to the matter is apparent from the constitution of a Full Court of that court and, while the Full Court reached the same decision as the Employment Relations Authority, it did so on different grounds.

4. Against that background, and after considering the arguments of counsel, we are satisfied that it is an appropriate case in which to grant leave to appeal.   Order accordingly.   Costs reserved for consideration on determination of substantive appeal.   If any questions arise as to the need for a stay counsel may submit memoranda.

Solicitors
Bell Gully, Auckland, for applicant
Barbara Buckett & Associates, Wellington, for respondents