21 Dec 2007
NZ AMALGAMATED ENGINEERING, PRINTING & MANUFACTURING UNION INC V WITNEY INVESTMENTS LIMITED (FORMERLY EPIC PACKAGING LIMITED) CA CA282/06
- Citation
- openlaw-5d531f6c_4899_4337_84a7_1673747baf29.pdf
- Court
- Court of Appeal
The Court of Appeal held that Part 5 statutory collective bargaining (including initiation by s 42 notice) can be used to seek an agreement by an employer to become a subsequent party to an existing collective agreement under s 56A; an agreement to join can itself constitute a collective agreement; nothing in s 56A or the ERA’s scheme excludes use of the statutory bargaining process for joinder; employer freedom of association and the object of individual choice do not justify a narrower reading of Part 5 in this context.