Building Construction Timber and Allied Workers Union v Fenning Pacific Ltd [2004] FJAT 11; Award 04 of 2004 (18 February 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 4 OF 2004

AWARD OF THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

THE BUILDING CONSTRUCTION TIMBER AND ALLIED WORKERS UNION

AND

FENNING PACIFIC LIMITED

BCT&AWU: Mr John Paul
FPL: No appearance

DECISION

This is a dispute between the Building Construction Timber and Allied Workers Union (the "Union") and Fenning Pacific Limited (the "Employer") which arose out of an alleged breach of the Collective Agreement dated 18 December 2001 requiring all stood down workers to be gradually absorbed without loss of service. The Employer absorbed all the stood down workers except for Seveci Qiolevu and Vereniki Lesi.

The Union seeks the re-instatement of these two workers without loss of service or benefits.

The parties exhausted the grievance procedure set out in the Collective Agreement without reaching a settlement of the dispute.

A trade dispute was reported to the Permanent Secretary who referred the dispute to a Disputes Committee. The Employer failed to nominate a member for appointment to the Committee. The Permanent Secretary consequently referred the dispute to the Minister who authorized the dispute to be referred to the Arbitration Tribunal for settlement pursuant to section 5A(5)(a) of the Trade Disputes Act Cap. 97.

The trade dispute was referred to the Permanent Arbitrator on 21 November 2003 with the following terms of reference:

"...... for settlement of dispute over the company’s failure to comply with the Collective Agreement entered on 18 December 2001 which required the Company to absorb all stood down workers gradually in employment without loss in their service. The Union contends that the Company’s action is unfair and unwarranted for not absorbing two particular member employees namely Seveci Qiolevu and Vereniki Lesi employed at the Company’s Waivunu Mill in Deuba whilst all other stood down workers were taken back on the job. The Union seeks immediate re-instatement of both the members without any loss in their wages and benefits from the time they were denied employment".

The dispute was listed for mention on Tuesday 20 January 2004 before the Permanent Arbitrator. Mr John Paul appeared for the Union and there was no appearance by the Employer. Mr Paul advised the Tribunal that the parties had settled the dispute. The Tribunal adjourned the matter to allow the parties to file the necessary material.

By letter dated 12 February 2004 from the Union, the Tribunal was formally informed that the dispute had been settled. An agreement signed by the parties was enclosed with the letter and is annexed to this Award.

The Tribunal adopts it as a consent award.

CONSENT AWARD

This dispute is settled in accordance with the signed Agreement which is annexed hereto.

DATED at Suva this 18^th day of February 2004

Mr W D Calanchini

ARBITRATION TRIBUNAL