| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 238/10 |
| Hearing date | 29 Apr 2009 - 6 May 2009 (2 days) |
| Determination date | 24 May 2010 |
| Member | L Robinson |
| Representation | T Oldfield ; S Langton |
| Location | Auckland |
| Parties | Service and Food Workers Union Inc and Ors v Tourism Holdings Ltd |
| Summary | COMPLIANCE ORDER – Applicant union sought compliance order against respondent to pay non-union applicants wage rate according to collective employment agreement (“CEA”) – Respondent argued no breach and non-union applicants not entitled to arrears of wages – Respondent purchased assets of company (“X”) – Respondent offered employment to non-union applicants – Employment offer not continuous from employment at X – Respondent argued “cave staff” wage rate not extended to non-union applicants when entered CEA – Argued union did not notify claim coverage of cave staff pay rates to be extended to other employees in collective bargaining with respondent – Argued therefore non-union applicants not entitled to cave staff rates – Authority found phrase “cave staff” omitted by applicant union when drafted new CEA – Authority declined to order compliance as not equitable to compel respondent to do something which they did not agree to – Compliance order declined |
| Result | Application dismissed |
| Main Category | Compliance Order |
| Number of Pages | 5 |
| PDF File Link: | aa 238_10.pdf [pdf 23 KB] |