| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 99/04 |
| Hearing date | 18 Jun 2004 |
| Determination date | 24 August 2004 |
| Member | V Campbell |
| Representation | R Gibson ; T Wilton |
| Location | Christchurch |
| Parties | The Christchurch Press, a division of Fairfax New Zealand Ltd v The New Zealand Amalgamated Engineering, Printing and Manufacturing Union |
| Summary | DISPUTE - Whether applicant could require night-shift employees to work full eight hour shift - Alleged job and finish" arrangement allowed employees to leave once certain nightly printing job finished - Wording of collective agreement clear and unambiguous - "Job and finish" arrangement only applied to statutory holiday work - Forty hour week prescribed - Allocation of work and start and stop times at discretion of applicant provided one week's notice given - Custom and practice of "job and finish" arrangement did not assist interpretation of collective agreement as words clear on plain meaning - Arrangement not implied term as contradicted term of collective agreement allowing applicant to set start and stop times - Operation of arrangement in past merely windfall for employees - Collective agreement allowed applicant to require eight hour shifts - Night-shift printing and publishing staff" |
| Result | Question answered in favour of applicant ; Costs reserved |
| Cases Cited | Gallagher v Watercare [1994] 1 ERNZ 511;Lowe Walker Paeroa Limited v Bennett [1998] 2 ERNZ 558;Sadler v Quotable Value New Zealand Limited unreported, Colgan J, 12 February 2004, AC 4/04 |
| Number of Pages | 8 |
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