| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 261/04 |
| Hearing date | 22 Jun 2004 |
| Determination date | 23 August 2004 |
| Member | D King |
| Representation | P Swarbrick ; J Holden |
| Location | Auckland |
| Parties | Customs Officers Association Inc and Anor v New Zealand Customs Service |
| Other Parties | Kershaw |
| Summary | DISPUTE - Collective agreement remuneration policy provided for annual salary reviews with reference to external market - Provision for supervision of policy implementation by salary committee - Uniform increase granted across all roles - No ambiguity in remuneration policy - Expectation of automatic annual salary increase based on public sector median not supported by collective agreement - No breach relating to uniform increase - Power of salary committee to oversee" process meant more than rubber stamp - First applicant's representatives on committee not adequately consulted or provided with sufficient information relating to increase - Deprived of opportunity to properly supervise process - Breach of collective agreement - No compliance order necessary as respondent committed to proper consultation in future - PENALTY - Penalty awarded for breach relating to inadequate consultation - No penalty awarded for further breach relating to disparity of treatment between unions as breach since rectified" |
| Result | Application granted in part ; Penalty in favour of first applicant ($2,000) ; Costs reserved |
| Statutes | ERA s136(2);ERA s163 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |