Fiji Airline Pilots Association v Air Pacific Ltd [2005] FJAT 20; Award 38 of 2005 (6 July 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 38 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI AIRLINE PILOTS ASSOCIATION

AND

AIR PACIFIC LIMITED

FALPA: Mr P Rae with Capt. H Maybin
Air Pacific: Mr N Barnes

DECISION

This is a dispute between the Fiji Airline Pilots Association (the "Association") and Air Pacific Limited (the "Employer") concerning clauses 16.6.1.1. (a) and (c) of the Collective Agreement.

A dispute was reported by the Association. The Permanent Secretary accepted the report and was subsequently authorized by the Minister to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 6 (2)(b) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 16 September 2003 with the following terms of reference:

"..... for settlement of the dispute over the interpretation and application of clauses 16.6.1.1(a) and (c) of the Agreement made and entered on 18 September 2001. The Association claims inter alia that Air Pacific Limited has not correctly interpreted the aforesaid clauses and is in breach thereof".

The Dispute was listed for a preliminary hearing on 10 March 2004. On that day the parties were directed to file preliminary submissions by 28 April and the Dispute was listed for mention on 12 May 2004.

The Association filed its preliminary submissions on 7 April 2004.

On 12 May 2004 the Employer was directed to file its preliminary submissions by 2 June 2004 which date was subsequently extended to 28 June 2004 when the Dispute was mentioned on 18 June 2004.

The Employer filed its preliminary submissions on 29 June 2004.

The Dispute was again listed for mention on 14 July, 15 September, 19 November, 15 December 2004 and 26 January 2005. On that day the parties informed the Tribunal that a hearing would not be required as neither party intended to call evidence. The parties sought and were granted leave to file further written submissions by 23 February 2005. These were filed by 9 March 2005.

The Dispute was listed for further mention on 1 April 2005 to enable the Tribunal to clarify certain matters raised by the parties in their supplementary submissions.

On that day it was agreed that the Dispute should be listed for a one day hearing on 14 June 2005.

When the Dispute was called on for hearing, the parties informed the Tribunal that the Dispute had been settled. The Tribunal was handed written and signed consent orders dated 14 June 2005.

CONSENT AWARD

The Award of the Tribunal is in the terms set out in the signed Consent Orders dated 14 June 2005 and attached to this Award.

DATED at Suva this 6 day of July 2005

Mr. W.D. Calanchini
ARBITRATION TRIBUNAL