| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 192/07 |
| Hearing date | 23 May 2007 |
| Determination date | 26 June 2007 |
| Member | M Urlich |
| Representation | T Wilton ; R Towner |
| Location | Auckland |
| Parties | NZ Amalgamated Engineering Printing & Manufacturing Union v Marley New Zealand Ltd |
| Summary | DISPUTE - Whether collective employment agreement (CEA") provided shift allowance, in addition to overtime rates, for periods of unrostered overtime of eight hours - Applicant argued eight hours of overtime, worked on sixth or seventh working day of five day rostered week, as part of continuous period of production, was shift and therefore should attract shift allowance - CEA did not define shift - Principles of Carter Holt Harvey Ltd v Parkes (cited below) extracted - Traditional view overtime did not attract payment of shift allowance in absence of clear language - Each document to be considered in own context - A shift allowance expressed as being paid "in addition to the ordinary rate of pay" not an expression of parties' intention overtime should attract shift allowance - Periods of overtime not shifts - CEA provided shift allowance would be paid in addition to "appropriate rate" - Applicant argued "appropriate rate" anticipated different pay rates attracting shift allowance and language wide enough to apply to overtime rates - Difference between Parkes "ordinary rate" and CEA's "appropriate rate" - However, within context of CEA not possible to refer to "ordinary rate" and "appropriate rate" more accurate description - CEA did not clearly state some periods of overtime would attract shift allowance - Also hours applicant seeking to rely on as part of shift not rostered as required by CEA - CEA did not enable eight hours of overtime to be a shift - Did not attract shift allowance" |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Carter Holt Harvey Ltd v Parkes & Ors [2004] 2 ERNZ 1;NZ Labourers etc IUOW & Ors v Joint Venture Zublin Williamson [1986] ACJ 468;Wellington Caretakers IUOW v Armourguard Security Ltd [1989] 3 NZILR 117 |
| Number of Pages | 7 |
| PDF File Link: | aa 192_07.pdf [pdf 36 KB] |