| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 191/06 |
| Hearing date | 27 Apr 2006 |
| Determination date | 31 May 2006 |
| Member | M Urlich |
| Representation | A Caisley ; B Spong, K Peterson, T Wilton |
| Location | Auckland |
| Parties | Stagecoach New Zealand Ltd v The New Zealand Tramways Union (Auckland Branch) and Ors |
| Other Parties | The Akarana Public Transport Drivers Association, The New Zealand Engineering Printing and Manufacturing Union, National Distribution Union |
| Summary | DISPUTE - Interpretation of collective employment agreement - Applicant sought declaration that effect of 1 April 2007 amendments to Holidays Act 2003 (2007 amendments") would not be to extend employees' annual leave entitlement from four weeks to five weeks - Clause 21.1 of parties' collective agreement stated that three weeks' annual leave would be allowed each year in accordance with Holidays Act 1981 - Clause 21.2 provided that in addition to holidays provided for in clause 21.1 employees would be entitled to a further holiday of one week making a total of four weeks leave per year - Respondents alleged that 2007 amendments would have effect of entitling employees to five weeks' annual leave - Difficulty for respondents' interpretation was that parties had agreed in clause 21.2 that total annual leave would be four weeks - 2007 amendments would render parties' expressed desire for week's leave in addition to statutory minimum obsolete because statutory minimum would meet their stated goal - Applicant's interpretation correct" |
| Result | Question answered in favour of applicant ; Costs reserved |
| Statutes | Holidays Act 2003 |
| Number of Pages | 3 |
| PDF File Link: | aa 191_06.pdf [pdf 14 KB] |