| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 160/07 |
| Hearing date | 3 Dec 2007 |
| Determination date | 06 December 2007 |
| Member | G J Wood |
| Representation | J Murdoch ; T Wilton |
| Location | Wellington |
| Parties | Sealed Air (New Zealand) Ltd v New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc |
| Summary | DISPUTE - Whether parties collective employment agreement (“CEA”) allowed applicant to require employees to take meal breaks on staggered basis to improve productivity - Applicant alleged would result in significant gains - Respondent and members objected to plan - Whether variation to CEA overrode clause requiring parties to agree on breaks - Variation did not mention clause of CEA dealing with breaks - Break clause not incompatible with variation - Applicant could not rely on variation to override requirement for agreement in CEA |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | ASTE Te Hau Takitini O Aotearoa Inc v Hampton, Chief Executive Bay of Plenty Polytechnic [2002] 1 ERNZ 491 |
| Number of Pages | 7 |
| PDF File Link: | wa 160_07.pdf [pdf 26 KB] |