| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 324/09 |
| Hearing date | 28 Aug 2009 |
| Determination date | 08 September 2009 |
| Member | M Urlich |
| Representation | S Mitchell ; R McIllraith, K Dunn |
| Location | Auckland |
| Parties | Maritime Union of New Zealand v Ports of Auckland Ltd |
| Summary | DISPUTE – Interpretation of collective employment agreement (“CEA”) – Whether half hour briefing time allowance in CEA applied to outgoing shift as well as incoming shift – Applicant argued applied to both because ensured seamless transfer of work between shifts, taking breaks and finishing work – Respondent argued briefing time applied only to incoming shifts and CEA enabled workers to finish work at any point up to finish time set out in CEA – Informal practice developed where outgoing workers finished duties before end of shift – Applicant argued briefing information exchanged in mess room following shift and ensured completion of tasks did not run over shift time and provided time for workers to be transported back to mess room before end of shift – Respondent argued provision of briefing information from outgoing workers to incoming workers not part of formal briefing for incoming workers at start of shift – Authority found wording of CEA clear – CEA did not provide for work to stop half hour before end of each shift |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Assoc of Staff of Tertiary Education Inc v Hampton [2002] ERNZ 491;Sadler v Quotable Value New Zealand Ltd [2004] ERNZ 45 |
| Number of Pages | 7 |
| PDF File Link: | aa 324_09.pdf [pdf 39 KB] |