| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 194/08 |
| Hearing date | 14 Oct 2008 |
| Determination date | 18 December 2008 |
| Member | H Doyle |
| Representation | T Wilton ; A Shaw |
| Location | Invercargill |
| Parties | New Zealand Amalgamated Engineering Printing and Manufacturing Union v Solid Energy New Zealand Ltd |
| Summary | DISPUTE – Interpretation of collective agreement (“CEA”) – Whether driving pool vans to and from workplace constituted work entitling employees to be paid – Applicant claimed “transport” included provision of driver to perform transportation under direction of respondent – Respondent claimed ordinary meaning of “transport” limited to provision of vehicle – Previous CEAs provided “employer will continue to provide transport” – Clause continued in new CEA – No agreement addressing whether employees paid for driving pool vans during CEA negotiations – Authority found natural and ordinary meaning of CEA limited to providing free pool vans for driving to and from workplace – Found no surrounding circumstances gave weight to applicant’s claim – Interpretation of CEA is words used as starting point then surrounding circumstances to “check” ordinary meaning – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Association of Staff in Tertiary Education Inc: ASTE Te Hau Takatini o Aotearoa v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491 |
| Number of Pages | 7 |
| PDF File Link: | ca 194_08.pdf [pdf 27 KB] |