Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 414/04
Determination date 20 December 2004
Member L Robinson
Representation R Alchin ; A Drake
Location Auckland
Parties New Zealand Dairy Workers Union Inc v New Zealand Dairy Foods Ltd
Summary DISPUTE - Interpretation, application and operation of collective agreement (CA") - Day shift employees worked rostered shift pattern 4 days on Monday to Thursday, 3 days off Friday to Sunday - Respondent proposed that 6 of 12 day shift employees work Tuesday to Friday - Applicant alleged respondent required employees' consent to proposal - Whether proposal permitted under CA - CA did not give any employee any particular entitlement to work on specifically identifiable days of week - Equally followed that no employee had right or entitlement to specifically identifiable days off work - Entitlement was to rostered hours of work by shifts - Subject to limits prescribed in CA respondent could roster ordinary hours over any days of week as it pleased - Proposal was not change of shift pattern but rostering of employees within and in compliance with existing shift pattern of 4 days on 3 days off - CA clauses concerning changing roster and shift patterns not operative in current situation - Question answered in favour of respondent"
Result Question answered in favour of respondent ; Costs reserved
Number of Pages 9
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