| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 273 |
| Hearing date | 21 Jun 2011 |
| Determination date | 24 June 2011 |
| Member | A Dumbleton |
| Representation | H White ; J Sherborne, E Burke |
| Location | Auckland |
| Parties | The New Zealand Dairy Workers' Union Inc v Tatua Co-operative Dairy Company Ltd |
| Summary | DISPUTE - Interpretation of parties' collective employment agreement (CEA") provision - Clause permitted respondent to unilaterally change worker starting times - Respondent proposed changing start times of union members to effectively create shift workers with alternating morning and afternoon shifts - Respondent claimed as agreed in CEA not substantial change to current employment terms - Applicant claimed clause could not be used to change employee status to shift worker unless redeployment situation or change consented to - Respondent acknowledged workers affected by change not currently shift workers - Authority found main feature of CEA's shift worker definition was that shift worker consented to becoming shift worker - Found respondent could unilaterally adjust worker's start time but not change status to shift worker without consent - Authority considered example of particular employer and found working day starting in morning changing to afternoon shift would be substantial change to terms of employment - Found CEA allowed respondent to change starting times but did not provide respondent with means of changing workers' status to shift workers - Question answered in favour of applicant" |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_273.pdf [pdf 20 KB] |