| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 31 |
| Hearing date | 3 Dec 2010 |
| Determination date | 04 March 2011 |
| Member | D Asher |
| Representation | P Cranney ; K Soich |
| Location | Wellington |
| Parties | Service and Food Workers Union Nga Ringa Tota v Care Park New Zealand Ltd |
| Summary | DISPUTE – Interpretation of collective employment agreement – Whether shuttle bus drivers should be paid $13.80 per hour as applicant contended or $13.32 as respondent asserted – Respondent claimed Authority lacked jurisdiction to make determination sought – Applicant claimed shuttle bus drivers should be paid same rate as groomers and drivers because the work was exactly the same type of work – Respondent claimed job descriptions and responsibilities of shuttle bus drivers were comparable to attendants rather than groomers and drivers – Authority found job descriptions showed shuttle bus drivers and booth attendants had same as well as different tasks – Found shuttle bus drivers only required to drive one vehicle to transport passengers and not take care of customer vehicles – Respondent claimed Authority lacked legislative power to adjudicate matter – Found shuttle bus drivers not readily covered by agreement – Found shuttle bus drivers were new category of employee – Found necessary for parties to negotiate and vary agreement to incorporate new classification – Found matter not genuine dispute as to interpretation, application and operation of agreement – Found Authority statute-barred from making orders sought in matter |
| Result | Question answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s56;ERA s161(2);ERA s163 |
| Cases Cited | Canterbury Wool Spinners Ltd v Vaughan [2002] ERNZ 255 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_31.pdf [pdf 23 KB] |