| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 116/07 |
| Hearing date | 6 Sep 2007 |
| Determination date | 26 September 2007 |
| Member | P Cheyne |
| Representation | P Shaw ; J Angus-Burney, P Yarrell |
| Location | Christchurch |
| Parties | Lyttelton Engineering Ltd v New Zealand Engineering, Printing and Manufacturing Union Inc & Anor |
| Other Parties | Manufacturing and Construction Workers Union |
| Summary | DISPUTE – Interpretation of collective employment agreement (“CEA”) – CEA clauses provided three weeks annual leave, and “additional week” on completion of six years service – Whether entitlement in second clause included for purposes of satisfying statutory minimum entitlement – During bargaining parties considered effect of Holidays Act 2003, and deleted references to Holidays Act 1981 - Parties must have known first clause would be affected by change to minimum entitlement during term of CEA – Despite this, no change to clause made – In order to find second clause entitlement counted towards meeting minimum statutory entitlement, necessary to define “additional” as synonym of “enhanced” and different from “additional” in Holidays Act 2003 – Reasons for finding different meaning in New Zealand Dairy Workers Union v Fonterra Brands (Tip Top) Ltd (cited below) did not apply - Parties claims and subjective intentions during early negotiations not material affecting objective interpretation of clause – “Additional” in clause had same meaning as “additional” in Holidays Act 2003 – First clause of no effect to extent restricted or reduced employees’ minimum entitlement – Employees entitled to four weeks annual leave, and those with qualifying service, five weeks |
| Result | Question answered in favour of respondents ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s6;Holidays Act 2003 s6(1);Holidays Act 2003 s6(2);Holidays Act 2003 s6(3) |
| Cases Cited | New Zealand Dairy Workers Union v Fonterra Brands (Tip Top) Ltd unreported, R Monaghan, 20 June 2007, AA 185/07;New Zealand Tramways & Public Transport Employees Union Incorporated & Anor v Transportation Auckland Corporation Ltd & Anor unreported, Full Court, 27 November 2006, AC 61A/06 |
| Number of Pages | 6 |
| PDF File Link: | ca 116_07.pdf [pdf 25 KB] |