| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 44 |
| Hearing date | 13 Mar 2014 |
| Determination date | 05 May 2014 |
| Member | G J Wood |
| Representation | G Lloyd ; L Campbell |
| Location | Wellington |
| Parties | The New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc v Sealed Air (New Zealand) |
| Summary | DISPUTE - Parties disputed whether employees entitled to meal and shift allowances under variation to collective employment agreement (CEA") - Change in roster under new CEA - Variation to CEA to allow for additional work during peak season - Variation to CEA stated to be on cost neutral basis" |
| Abstract | AUTHORITY FOUND -;DISPUTE: Variation to CEA required that change be on cost neutral basis. Respondent unable to compare changes to non-existent roster. Variation only applied to parts of CEA requiring variation and applicant unable to rely on provisions in previous CEA that no longer existed. Cost neutrality related to cost neutrality within CEA itself. Employees only entitled to meal monies under current CEA when worked more than two hours in excess of ordinary hours. Employees entitled to shift allowances set out in CEA for working day/night shifts. Question relating to meal allowances answered in favour of respondent and question relating to shift allowances answered in favour of applicant. Leave reserved for applicant to return to Authority if agreement on quantum not reached or compliance required. |
| Result | Question answered in favour of applicant (shift allowance) ; Question answered in favour of respondent (meal allowance) ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Sealed Air (New Zealand) v The New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc unreported, Colgan CJ, 19 May 2008, WC8/08;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 44 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_44.pdf [pdf 202 KB] |