| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 428/09 |
| Hearing date | 3 Nov 2009 |
| Determination date | 30 November 2009 |
| Member | L Robinson |
| Representation | H White ; G Pollak |
| Location | Auckland |
| Parties | New Zealand Dairy Workers Union Te Runanga Wai U v Tatua Co-operative Dairy Company Ltd |
| Summary | DISPUTE – Applicant sought compliance with clause in collective employment agreement (“CEA”) – Respondent disputed applicant’s interpretation of CEA – Clause in CEA (“clause”) provided for entitlements to special holidays for long service – Authority referred to entitlement in current CEA as enhanced entitlement compared to that in previous CEA – Applicant claimed respondent not allowing all employees to take leave specified in CEA if had entitlement under previous CEA – Authority found central issue to clarify which employees entitled to enhanced entitlement under CEA – Authority confined investigation to central issue as found compliance order not appropriate – Found applicant’s argument if employee had taken entitlement before commencement of current CEA no entitlement to enhancement under current CEA – However, if entitlement partially taken then entitled to enhancement under current CEA – Respondent argued enhanced entitlement only applied to employees who qualified for it on or after commencement of CEA – Authority found clause clear and unambiguous and to be construed according to its ordinary and natural meaning – Authority declined to enquire into pre-contractual negotiations or subjective intentions of parties – Found provisions of current CEA superseded those of previous CEA – Found enhancement applied to all employees and no further qualification additional to that of service as stated in clause – Found whether or not long service special leave partially or wholly taken prior to CEA entirely irrelevant – Found ordinary and natural meaning of words of CEA to be given effect |
| Result | Orders made ; No order for costs |
| Main Category | Compliance Order |
| Cases Cited | NZ Tramways Public Transport Employees Union Inc & Others v Transportation Auckland Corporation Ltd & City Line (NZ) Ltd;Melanesian Mission Trust Board v Australian Mutual Providence Society [1997] 1 NZLR 391;Lowe Walker Paeroa Ltd v Bennett [2006] 1 ERNZ 361 (CA);Hansells (NZ) Ltd v MA unreported, ARC 21/07, 14 September 2007, Travis J;ASTE v Chief Executive BOP Polytechnic [2002] 1 ERNZ 491 |
| Number of Pages | 5 |
| PDF File Link: | aa 428_09.pdf [pdf 25 KB] |