| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 350 |
| Hearing date | 14 & 26 June, 20 & 21 July and 11 Aug 2017 (5 days) |
| Determination date | 10 November 2017 |
| Member | N Craig |
| Representation | S Mitchell, J Lynch ; J Mills, L George |
| Location | Auckland |
| Parties | Maritime Union of New Zealand Inc v Ports of Auckland Ltd |
| Summary | JURISDICTION – Whether Authority had jurisdiction to hear the matter – DISPUTE – Parties disputed interpretation of clauses in Collective Employment Agreement (“CEA”) – COMPLIANCE ORDER – Applicant sought compliance order with provisions of Schedule regarding rostering annexed to Collective Employment Agreement (“CEA”) – Stevedores |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant’s filing of 2017 statement of problem was not considered a request for reopening. Investigation not considered to be closed and did not require reopening. Authority has jurisdiction to proceed. DISPUTE: Respondent’s current practice did not meet what was required by clause 5.1 of CEA Schedule. Clause 5.1 required stevedores to be assigned to a confirmed roster on Friday preceding week of work. Respondent’s notification the day before being rostered to work cannot amount to an actual roster as contemplated in clause 5.1.4. Applicant’s members suffered as a result of respondent’s actions by not being able to plan activities or events due to uncertainty of work roster. COMPLIANCE ORDER: Collective bargaining of new CEA continues. Appropriate to allow parties to discuss issues further. Application for compliance order adjourned. Parties granted leave to return to Authority regarding compliance order. |
| Result | Questions answered in favour of applicant ; Application partially granted ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA Second Schedule cl4;ERA s53;ERA s137;ERA 174E;Employment Relations Authority Regulations 2000 r10 |
| Cases Cited | Puna Chambers Inc v Christensen [2014] ERNZ 756 (EmpC);New Zealand Professional Firefighters Union v NZ Fire Service Commission [2011] NZEmpC 149;New Zealand Waterfront Workers’ Union v Ports of Auckland Ltd [1994] ERNZ 304 (EmpC);Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Auckland_350.pdf [pdf 292 KB] |