| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 219 |
| Hearing date | 28-Jun-16 |
| Determination date | 04 July 2016 |
| Member | Eleanor Robinson |
| Representation | D Allan ; N Cooper |
| Location | Auckland |
| Parties | Unite Union v Restaurant Brands Ltd |
| Summary | DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) – Meaning of ordinary rate |
| Abstract | AUTHORITY FOUND -;DISPUTE: Parties intended that ‘base’ rate used in parentheses to be synonymous with ‘ordinary’ rate. Applicant’s interpretation of overtime would result in increase of allowance when level of responsibility had not increased, flouts business common sense. Overtime payable based on base rate and not combined rate of base rate and sole charge allowance. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand [2014] NZSC 147, [2015] 1 NZLR 432;NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Amcor Packaging (New Zealand) Ltd [2011] NZEmpC 135, [2011] ERNZ 409;New Zealand Air Line Pilots' Association Inc v Air New Zealand Ltd [2014] NZEmpC 168, [2014] ERNZ 709;New Zealand Professional Firefighters Union v New Zealand Fire Service Commisson [2011] NZEmpC 149;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] NZCA 317, [2010] ERNZ 317 |
| Number of Pages | 15 |
| PDF File Link: | 2016_NZERA_Auckland_219.pdf [pdf 271 KB] |