Fiji Local Government Officers Association v Lautoka City Council [2004] FJAT 9; Award 43 & 44 of 2004 (12 October 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NOS. 43 & 44 of 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTES BETWEEN

FIJI LOCAL GOVERNMENT OFFICERS ASSOCIATION

AND

LAUTOKA CITY COUNCIL

DECISION

This Award deals with two disputes between the Fiji Local Government Officers Association (the Association) and the Lautoka City Council (the Council) concerning clause 16A of the Collective Agreement and involving Pushp Raj and Atul Sharma.

Two trade disputes were reported by the Association on 28 July 2004. The Reports were accepted by the Chief Executive Officer on 9 August 2004. The disputes were referred to a Disputes Committee which met on 7 September 2004. As a consensus decision could not be reached, the Minister authorized the Chief Executive Officer to refer the Disputes to an Arbitration Tribunal for settlement pursuant to section 5A(5)(a) of the Trade Disputes Act Cap 97

The Disputes were referred to the Permanent Arbitrator on 14 September 2004 with the following terms of reference:

"............over the Lautoka City Council’s action in sending Mr Pushp Raj on special leave from 15 July 2004 which is in breach of clause 16A of the Collective Agreement."

And:

".......over the Lautoka City Council’s action in sending Mr Atul Sharma on leave from 15 July 2004 which is in breach of clause 16A of the Collective Agreement."

By letter dated 25 September 2004 the Tribunal was forwarded an agreement which had been reached between the parties. The agreement is also dated 25 September 2004. In the letter the parties requested the Tribunal to make a consent award in the terms set out in the Agreement. The letter is signed by the Deputy Mayor and five Councillors on behalf of the Council and by the President, Secretary and Assistant Secretary on behalf of the Association.

The parties have agreed that the terms of the agreement should remain confidential.

CONSENT AWARD

The Tribunal’s Award is in the terms of the Memorandum of Agreement dated 25 September 2004 and signed by and or on behalf of the parties. The terms of the Agreement are to remain confidential.

DATED at Suva this 12^th day of October 2004

Mr W D Calanchini

ARBITRATION TRIBUNAL