| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 66/04 |
| Hearing date | 25 May 2004 |
| Determination date | 09 June 2004 |
| Member | P Montgomery |
| Representation | C French ; KG Smith |
| Location | Christchurch |
| Parties | New Zealand Meatworkers and Related Trades Union (Inc) and Ors v Alliance Group Ltd |
| Other Parties | Fraser, Byron, Allington |
| Summary | DISPUTE - Interpretation of variation to collective employment agreement - Variation provided for ordinary working day to be extended to 480 minutes at ordinary rates of pay for all departments except slaughtermen - Separate pay rate for sheep and lamb slaughtermen specified - Variation silent about beef slaughtermen - Prior to ratification of variation respondent sent letter of comfort to applicant - Letter of comfort stated respondent would not unilaterally increase day shift beef kill" without discussion - Respondent alleged that obligations met by having general discussion with applicant and that afterwards entitled to invoke 480 minute day for beef slaughtermen at ordinary rates of pay - Applicant alleged "discussion" in industrial setting related to establishing basis for negotiation - Respondent not entitled to assume existence of agreement about rates payable to beef slaughtermen by virtue of variation - Parties directed to have meaningful discussion with view to agreeing on rate to be paid for beef slaughtermen working 480 minute day" |
| Result | Application granted ; Costs reserved |
| Cases Cited | Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98;Potter v Potter [2003] 3 NZLR 145;Pyne Gould Guiness Ltd v Montgomery Watson (NZ) Ltd [2001] NZAR 789 |
| Number of Pages | 5 |
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