Claimant v Automobile Association Developments Limited

Outcome

Facts

52 Recovery Patrols employed by the AA brought a reference under s.11-12 ERA 1996, arguing their written particulars should have stated that overtime beyond rostered hours was voluntary. The Respondent operated various contract types (RSAN, R1, RP1-4) with shifts up to 10.25-11 hours including compulsory end of shift overtime. Over time, the Respondent changed shift patterns from 4 on/4 off to a 28-day cycle, reducing basic rostered hours from 10.25 to 8 hours but maintaining the same maximum shift length, meaning end of shift flexibility could be up to 2.25 hours. The claimants accepted they could contractually be required to work the maximum shift length but disputed the division between rostered hours and compulsory overtime.

Decision

The Tribunal found that all contracts accurately reflected the agreement between the parties and complied with statutory requirements under s.1 ERA 1996. The contracts specified that shifts were variable according to operational requirements, stated maximum compulsory hours, and confirmed end of shift overtime was compulsory if available. The Tribunal held that the dispute was fundamentally about how to interpret the contracts (i.e., whether the Respondent could vary the split between rostered hours and overtime within the maximum shift length), which is a matter of contractual interpretation falling outside the Tribunal's jurisdiction under s.11-12 ERA 1996. The claims failed.

Practical note

Legal authorities cited