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New Zealand Air Line Pilots Association Inc v Mount Cook Airline Ltd
11 Aug 2006, P Montgomery, CA 121/06, (6 pages)
DISPUTE - Applicant sought number of determinations regarding interpretation, application and operation of collective employment agreement ("CEA") - Whether Bangkok Daily Expense Allowance ("DEA") agreed between parties - CEA did not provide DEA for Bangkok - Parties entered temporary arrangement that referred to template used by another airline to set allowances - Issue of good faith raised over template - Respondent may have misrepresented position on possession of template but given applicant had document it said was relevant to issue, scales evenly balanced - Relevance of document over 25 years old exercised Authority's mind considerably - Parties directed to agree to quantum for Bangkok DEA as required by CEA - Respondent entitled to continue to require pilots to depart for and train in Bangkok - Respondent not in breach of CEA in requiring and rostering pilots to depart for Bangkok - Temporary agreement remained in force as no further agreement reached - COMPLIANCE ORDER - Application for order respondent cease requiring and rostering pilots to depart for Bangkok until DEA agreed declined - Application for order requiring respondent to apply agreed process to fix agreed permanent DEA declined - Both parties to resolve quantum issue - PENALTY - Penalties for breach of CEA and good faith obligations declined
Result: Orders accordingly ; Application dismissed (Compliance order and penalty) ; Costs reserved
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