Transport Workers Union v Air Pacific Ltd [2004] FJAT 28; Award 22 of 2004 (6 July 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 22 of 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TRANSPORT WORKERS UNION

AND

AIR PACIFIC LIMITED

TWU: Mr A Singh/Mr P Rae
Air Pacific: Ms G Phillips

DECISION

This is a dispute between the Transport Workers Union (the Union) and Air Pacific Limited (the Company) concerning an alleged breach of the Memorandum of Agreement dated 6 October, 1998.

By letter dated 30 July 2003 the Union reported a trade dispute to the Permanent Secretary who accepted the report and subsequently referred the dispute to a Disputes Committee. As the Company did not nominate a representative to the Disputes Committee the Minister authorized the Permanent Secretary to refer the trade dispute to an Arbitration Tribunal for settlement pursuant to section 5A(5)(a) of the Trade Disputes Act Cap. 97.

The Dispute was referred to the Permanent Arbitrator on 24 October 2003 with the following terms of reference:

"............for settlement of the dispute over the breach of Memorandum of Agreement dated 6 October 1998 by training and deploying ground staff in flight attendants duties during July 2002 while Transport Workers Union members were on strike and the Company’s declared intention to breach the agreement in future. The Union seeks to have the Company’s action declared as breach of the agreement and further seeks an apology and undertaking that the Company will strictly follow the agreement in future."

The Dispute was listed for preliminary hearing on 21 November 2003. On that day the parties were directed to file preliminary submissions by 28 February 2004 and the dispute was listed for final hearing on 17 March 2004. Preliminary submissions were filed by 1 March 2004.

Due to the appointment of a new Permanent Arbitrator it was necessary to vacate the hearing date previously fixed. The dispute was relisted for mention on 10 March 2004 when the Dispute was fixed for final hearing on 1 July 2004.

By letter dated 24 June 2004, the Union informed the Tribunal and the Company’s legal representative that the Union had decided not to proceed with the dispute.

When the parties appeared before the Tribunal on 1 July 2004 the Union confirmed that it was withdrawing the dispute and wished to discontinue the proceedings before the Tribunal. Ms Phillips informed the Tribunal that she had no objection to the dispute being withdrawn by the Union and consented to the proceedings being discontinued.

CONSENT AWARD

The Dispute is withdrawn and the Arbitration proceedings before this Tribunal are discontinued.

DATED at Suva this 6^th day of July 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL