| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 397/09 |
| Hearing date | 10 Nov 2009 |
| Determination date | 11 November 2009 |
| Member | V Campbell |
| Representation | S Mitchell ; P McBride |
| Location | Auckland |
| Parties | Service & Food Workers Union Nga Ringa Tota v OCS Ltd |
| Summary | DISPUTE – Interpretation of collective employment agreement (“CEA”) – Respondent advised employees payment of wages would be fortnightly – Applicant sought declaration CEA provided for either fortnightly or weekly payment and employees entitled to payment agreed upon at commencement of employment – Respondent argued payment of wages was matter for employer and after consultation and notice did not require agreement – Authority found CEA provided for either fortnightly or weekly payments – Found no agreement for change sought or required – Found CEA allowed respondent discretion to pay employees either weekly or fortnightly – Respondent must proceed in accordance with good faith obligations |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s5;ERA Part 6A;ERA s53;ERA s61(1) |
| Cases Cited | NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Christchurch Press [2005] ERNZ 288;Wholesale Distributors Ltd v Gibbon Holdings Ltd [2007] NZLR 277 |
| Number of Pages | 5 |
| PDF File Link: | aa 397_09.pdf [pdf 24 KB] |