| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 180/06 |
| Hearing date | 20 Dec 2006 |
| Determination date | 20 December 2006 |
| Member | P R Stapp |
| Representation | G Davenport ; P Cranney |
| Location | Wellington |
| Parties | The New Zealand Fire Service Commission v The New Zealand Professional Fire Fighters Union |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Collective employment agreement (“CEA”) had roster that covered 24/7 operation of Fire Service – Payment calculated using Total Weekly Wage, which included penal payment for working public holiday – Question whether manner of payment permissible under Holidays Act 2003 when transitional arrangements expired - Alternative proposal to separate penal payment for working public holiday from Total Weekly Wage and pay it via equal fortnightly payments over course of year – Parties requested declaration on lawfulness of current arrangement, and if it was not lawful, did alternative meet legal requirements - Urgency required as transitional arrangements expire 1 April 2007 – Important question of law likely to arise other than incidentally – Potential for problem to impact on other 24/7 arrangements – Matter removed to Court |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Statutes | ERA s143(e);ERA s159;ERA s178;ERA s178(2)(a);ERA s178(2)(b);Holidays Act 2003 s6;Holidays Act 2003 s6(2);Holidays Act 2003 s50;Holidays Act 2003 s53;Holidays Act 2003 s55 |
| Number of Pages | 4 |
| PDF File Link: | wa 180_06.pdf [pdf 27 KB] |