| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 150/09 |
| Determination date | 07 October 2009 |
| Member | P R Stapp |
| Representation | K O'Sullivan, G Ballara ; A Caisley |
| Location | Wellington |
| Parties | New Zealand Tramways and Public Passenger transport Employees' Union Inc v Wellington City Transport Ltd |
| Summary | DISPUTE – Applicant claimed eight of its members (“Award employees”) employed by respondent were entitled to increase on allowances as result of settlement of collective employment agreement (“CEA”) – Terms of settlement of new CEA increased pay and allowances of those covered by CEA - Respondent argued employees electing to stay on 1990 Tramways Award (“Award”) not entitled to increase on allowances as they elected to preserve terms and conditions of Award – Authority found CEA clause clear and unambiguous that those covered by Award elected to remain on terms and conditions of Award, not those in successor documents – Found CEA, containing clause excluding Award employees, signed off by representative – Found by agreeing to be covered by terms and conditions of Award, employees had not entitlement to terms and conditions in CEA, including increases in allowances – Found clause clear and did not imply pass-on – Found respondent’s discretionary payment to Award employees in attempt to resolve dispute did not commit respondent to pay increases in allowances – Found s56 Employment Relations Act 2000 (“ERA”) not relevant as related to application of CEA for enforcement – Found s61 ERA not applicable because Award employees’ terms contained in clause of CEA resulting in application of Award - Found clause in CEA specifically excluded application of superior entitlements to employees choosing to remain bound by terms and conditions in Award – Found Award employees not entitled to pass-on |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s56;ERA s61;ERA s129 |
| Number of Pages | 6 |
| PDF File Link: | wa 150_09.pdf [pdf 24 KB] |