| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 255/10 |
| Hearing date | 24 May 2010 |
| Determination date | 27 May 2010 |
| Member | V Campbell |
| Representation | S Mithcell ; G Malone |
| Location | Hamilton |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd |
| Summary | DISPUTE – Whether respondent entitled to unilaterally change working hours under collective employment agreement (“CEA”) – CEA provided specified ordinary working hours per week – CEA provided agreement on start and finish times must be reached between respondent and employees before each season starts – Parties agreed to start and finish times before new season commenced – Respondent subsequently advised employees and applicant union intended to change hours of work – Respondent advised change to enable employees to work longer hours in shorter time frame without need to pay overtime - Respondent provided notice pursuant to CEA – Authority found CEA did not entitle respondent to unilaterally change hours of work – Found CEA represented party agreement on specified hours of work - Found CEA provided respondent obligated to seek agreement with employees and applicant union before change made – Found if agreement made, respondent must provide notice of change pursuant to CEA – Question answered in favour of applicant union |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Air New Zealand Ltd v Barker & Ors [2002] 2 ERNZ 719;Association of Staff in Tertiary Education & Ors v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;New Zealand Tramways and Public Transport Employees Union Inc v Transportation;Auckland Corporation Ltd [2006] 1 ERNZ 1005 |
| Number of Pages | 4 |
| PDF File Link: | aa 255_10.pdf [pdf 15 KB] |