KEY POINTS:
I work in the operations centre of one of New Zealand's largest transport companies. About 200 staff in this area are concerned with rostering, scheduling, work planning and load planning.
In mid-2007, a new collective contract was negotiated and a majority of staff voted to accept it.
However, the 35 staff (including myself) who work in load planning voted not to accept it. We felt that our pay scale didn't reflect the complexity of our work.
It was obvious that we had fallen behind our colleagues, who were doing less challenging jobs in other parts of the business. However, the company did not wish to re-negotiate our basic pay scale.
Half a year on, morale is seriously low in the small work group, with regular resignations.
When the company asks what the problem is and we answer our pay (or lack of it), the company says its hands are conveniently tied until the current contract expires. What is our legal position? Is there some way we could exit the current contract and negotiate a new one or could the company, in spite of what it says, adjust our pay scale within the current contract?
I assume that when you refer to the "current contract", you are referring to the collective agreement entered into in mid-2007.
From the information at hand, it appears that the 35 staff, including you, are bound by the collective agreement (the CEA) because you authorised the union to act on your behalf when negotiating the terms and conditions of the collective agreement with your employer.
You can raise the issue of remuneration with your employer and try to negotiate increased remuneration beyond what is provided under the CEA.
Under the Employment Relations Act, an employee and an employer can agree to additional terms and conditions, like an increase in remuneration, not inconsistent with those in the CEA. You will need to check the CEA to see if its wording sets the salaries as a maximum and minimum.
If it does, agreeing a higher salary would be inconsistent.
If it does not, you can agree a higher salary.
Alternatively, you can resign from the union. You will then be employed under an individual employment agreement (the IEA) which will be based on the collective agreement. If you choose this course of action, you and your employer can vary the terms and conditions of the IEA as you think fit.
If your employer is prepared to renegotiate your remuneration, it may be more practical for you and the disgruntled staff to resign from the union and then commence renegotiating remuneration under an IEA. Your employer is under no obligation to enter into negotiations about your pay with you or the other disgruntled staff.
From what you have told me, it is unlikely that your employer will want to renegotiate your remuneration at this stage. Your employer may not want to create more administrative duties by having employees on different agreements.
From an employer's perspective, it can be easier to deal with a union body which represents the interests of a majority of employees and to have a collective agreement in place, rather than to negotiate with employees on an individual basis.
Before approaching your employer, you should consider whether it will be beneficial for your employer to renegotiate remuneration with you.
If your skills are in demand in the marketplace, there is a good chance your employer will want to renegotiate your remuneration in order to retain you. You should discuss this with an employment specialist if you are still unsure about your legal position.
