National Union of Factory and Commercial Workers v Fiji Times Ltd [2005] FJAT 17; Award 22 of 2005 (30 March 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 7 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF FACTORY AND COMMERCIAL WORKERS

AND

FIJI TIMES LIMITED

NUFCW: Mr. J Raman / Mr. J Mudaliar
Fiji Times: Mr. N Kama

DECISION

This is a dispute between the National Union of Factory and Commercial Workers (the Union) and Fiji Times Limited (the Employer) concerning unresolved claims in the Union’s 2004 Log of Claims.

A dispute was reported by the Union on 19 February 2004. The report was accepted on 1 March 2004 by the Chief Executive Officer who referred the dispute to conciliation. A number of meetings were held and the parties resolved items 1,2, 7 and 8 of the Log of Claims. The Minister subsequently authorized the Chief Executive Officer to refer the outstanding items (3,4,5 and 6) to an Arbitration Tribunal for settlement pursuant to section 6 (1) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 28 May 2004 with the following terms of reference:

".... I do hereby refer items 3, 4, 5 and 6 of the said trade dispute to the Permanent Arbitrator for settlement over the attached union’s Log of Claims 2004 that was submitted to the employer dated 15 December 2003."

The Dispute was listed for mention on 18 June 2004. As there was no appearance by the Union the Dispute was relisted for mention on 14 July 2004. On that day the parties requested the tribunal to fix a date for the presentation of oral submissions concerning the future conduct of the Dispute. The parties were directed to be prepared to present their oral submission on 25 August 2004. On that day the parties informed the Tribunal that they were having discussions with a view to resolving their differences. As a result the Dispute was listed for further mention on 19 November 2004.

The Dispute was once again listed for mention on 26 January 2005. On that day the Union informed the Tribunal that it wanted to withdraw the Dispute and discontinue the proceedings before the Tribunal. The employer consented to the application.

CONSENT AWARD

The Dispute is withdrawn and the proceedings before the Tribunal are discontinued.

DATED at Suva this 30 day of March 2005

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL