| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 61 |
| Hearing date | 20 Sep 2012 |
| Determination date | 21 February 2013 |
| Member | J Crichton |
| Representation | P Cranney ; J Douglas |
| Location | Auckland |
| Parties | First Union Inc v General Distributors Ltd |
| Summary | DISPUTE - Parties disputed whether collective agreement complied with s69ZD - Whether respondent required to provide paid breaks to boners - Whether provision for rest and meal breaks incorporated into respondents piece rate pay system - Respondent claimed piece rate pay system produced significantly higher remuneration than alternative system - Boner |
| Abstract | AUTHORITY FOUND -;DISPUTE: Amended Act created mandatory provision for rest and meal breaks and payment for those breaks. Cannot be varied by agreement. Respondent required to provide paid breaks consistent with Act and provide back pay for previous breaks taken but not paid for since 2009. Collective agreement to be read so it does not exclude, restrict or reduce entitlement under s69ZD. Parties to engage on how determination implemented. Questions answered in favour of applicant. |
| Result | Questions answered in favour of applicant; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA - ERA s69ZD - ERA s232 - ERA s238 |
| Cases Cited | Idea Services Ltd v Dickson [2009] ERNZ 372;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_61.pdf [pdf 212 KB] |