| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 6/05 |
| Hearing date | 17 Nov 2004 |
| Determination date | 12 January 2005 |
| Member | R A Monaghan |
| Representation | S Mitchell ; K Thompson |
| Location | Auckland |
| Parties | New Zealand Amalgamated Engineering Printing v Air New Zealand Ltd |
| Summary | DISPUTE – Parties to Aircraft Engineering Employees collective employment agreement (“CA”) – Also parties to AMS Hangar Avionics and Mechanical Shift Variation to the CA (“the shift variation”) – Interpretation of CA and the shift variation - Shift variation set out system of 12-hour shifts worked over 8 week cycle - Parties disputed calculation of payment to employees employed under the shift variation for time off in lieu when work done on statutory holiday – Respondent had made payment at rate excluding penal loading - Applicant alleged payment should have included penal loading – In interests of providing stable income under shift variation, parties had agreed on remuneration system – A penal loading incorporating penal overtime and certain other rates from CA and specified allowances was payable on top of that – Overtime remained payable when shifts in excess of 12 hours worked – Section 7A Holidays Act 1981 – 12 hour shifts were ordinary working days for certain employees - Penal loading was paid as matter of course for working day – Part of wages for ordinary working day – Penal loading payable in respect of time off in lieu of statutory holiday |
| Result | Question answered in favour of applicant ; Costs reserved |
| Statutes | Holidays Act 1981 s7A |
| Cases Cited | Horn (Labour Inspector) v Greenlea Premier Meats Ltd unreported, Shaw J, 7 May 2002, AC 25/02;Nelson Pine Industries Ltd v Barton and Ors unreported, Goddard CJ, 5 February 1997, WEC 5/97;Ports of Auckland Ltd v New Zealand Waterfront Workers Union Inc. and Ors [1996] 2 ERNZ 25 ; [1996] 3 NZLR 268;Wilson v Airways Corporation of New Zealand Limited unreported, Palmer J, 30 April 1997, CEC 14/97 |
| Number of Pages | 5 |
| PDF File Link: | aa 6_05.pdf [pdf 29 KB] |