| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 104/05 |
| Hearing date | 15 Jun 2005 |
| Determination date | 24 June 2005 |
| Member | G J Wood |
| Representation | P Cranney ; L Penno |
| Location | Wellington |
| Parties | Service & Food Workers Union Inc v Ngai Tahu Seafood Products Ltd and Anor |
| Other Parties | Ngai Tahu Seafood Distributors Ltd |
| Summary | DISPUTE - Applicant and respondent parties to collective employment agreement - Agreement provided that “ordinary hours of work” would not exceed 40 and would be worked between specific hours Monday to Saturday - Definition of ordinary hours of work could only be varied by agreement - Agreement also contained provision for split shift work of longer duration than ordinary working hours where required by employer due to seasonal or peak periods of work - Overtime provision stated all time worked in excess of “ordinary hours” as prescribed in agreement would be paid at specified overtime rates - Respondent argued not required to pay overtime rates for shift work in excess of 40 hours during Hoki season - Plain meaning of employment agreement clear - Any hours worked in excess of 40 or outside times or days specified as “ordinary hours of work” deemed to be overtime and paid accordingly - Split shift clause did not set up separate payment arrangement as alleged by respondent - Declaration accordingly - Leave reserved for parties to refer matter back to Authority if agreement could not be reached over sums owing to employees - Fisheries workers |
| Result | Question answered in favour of applicant ; Declaration accordingly ; Sums owing to employees to be agreed between parties or matter referred back to Authority ; Costs reserved |
| Cases Cited | ASTE Te Hau Takitini O Aotearoa Inc v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Carter Holt Harvey Ltd v Parkes & Ors [2004] 2 ERNZ 1 |
| Number of Pages | 6 |
| PDF File Link: | wa 104_05.pdf [pdf 27 KB] |