| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 119 |
| Hearing date | 4 Nov 2014 |
| Determination date | 25 November 2014 |
| Member | G J Wood |
| Representation | T Kennedy ; G Service |
| Location | Wellington |
| Parties | New Zealand Tramways and Public Passenger Transport Employees Union (Inc) Wellingto Branch v Cityline (NZ) Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ collective employment agreement (“CEA”) – Changes to rosters – GOOD FAITH – PENALTY – Applicant sought penalty for respondent’s breaches of good faith |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: CEA clear that applicant’s agreement not required where respondent sought to change roster arrangements. Roster changes not major change to workplace practice requiring consultation under particular clause in CEA. Roster committee not established appropriately by respondent but respondent did not fail deliberately to follow provisions in CEA. Consultation sufficient in circumstances. Failure to give six weeks’ notice of changes to all staff breach of custom and practice but not breach of CEA. Inappropriate to make compliance order requiring respondent to revert to old roster system. Application dismissed.;GOOD FAITH – PENALTY: Respondent did not mislead union delegate over course of consultation process. Applicant provided with sufficient information to assess matter and no undertaking given to applicant to postpone changes to roster. Respondent breached good faith by informing applicant’s secretary no issues to be discussed regarding particular rosters and not advising secretary of respondent’s change of view. Breach of good faith for secretary to not be invited to first key meetings where potential changes to roster raised. Actions designed to mislead or deceive, or likely to mislead or deceive, applicant in build up to roster changes. Breaches not serious, sustained or intended to undermine CEA. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s4;Transport Act 1962 |
| Cases Cited | New Zealand Tramways and Public Passenger Transport Employees Union (Inc) Wellington Branch v Cityline (NZ) Ltd [2014] NZERA Wellington 103 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Wellington_119.pdf [pdf 187 KB] |