| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 199/09 |
| Hearing date | 19 Jun 2009 |
| Determination date | 22 June 2009 |
| Member | L Robinson |
| Representation | A McInally ; P Muir |
| Location | Auckland |
| Parties | New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc v APN Print New Zealand Ltd |
| Summary | DISPUTE – First issue, whether collective employment agreement (“CEA”) permitted respondent to implement shift changes without applicant union’s agreement – Second issue, whether sufficient notice of changes given – Respondent’s “Proposal Z” recommended shift changes to increase efficiency – Respondent consulted with applicant union and individual employees – Proposal Z subsequently amended to Proposal Z1 – Applicant union rejected respondent’s request to consult with employees on Proposal ZI during CEA negotiations – Respondent made Proposal ZI available to employees at their workplace – Respondent gave applicant union one month notice of decision to implement Proposal ZI following failure to agree on revised shift pattern – Authority found CEA gave respondent prerogative to change shifts according to needs of business without agreement from applicant union – Found respondent entered into good faith consultations with employees – Found effective notice of Proposal ZI given to employees through applicant union – Found amendments to Proposal Z immaterial therefore sufficient consultations held with respect to Proposal Z1 – 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: A S T E Te Hau Takitini O Aotearoa v Hampton [2002] 1 ERNZ 491;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;New Zealand Tramways and Public Transport Employees Union Inc v Transportation Auckland Corporation Ltd [2006] ERNZ 1005;Wholesale Distributors Ltd v Gibbons Holdings Ltd [2008] 1 NZLR 277 |
| Number of Pages | 8 |
| PDF File Link: | aa 199_09.pdf [pdf 26 KB] |