Fiji Electricity Authority v Fiji Electricity and Allied Workers Union [2005] FJAT 33; Award 58 of 2005 (20 October 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 58 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI ELECTRICITY AUTHORITY

AND

FIJI ELECTRICITY AND ALLIED WORKERS UNION

FEA: Mr D Sharma with Ms Y Fatiaki
FEAWU: Mr F Anthony with Mr J Paul

DECISION

This is a dispute between the Fiji Electricity Authority (the "Employer") and the Fiji Electricity and Allied Workers Union (the "Union") concerning negotiations over the parties’ 2004 Logs of Claims.

A trade dispute was reported by the Employer. The report was accepted by the Chief Executive Officer who referred the Dispute to conciliation. The Dispute remained dead locked. As the Dispute involved an essential service the Minister authorized the Chief Executive Officer 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 29 August 2005 with the following terms of reference:

"....for settlement over the Union’s unwillingness to negotiate the Authority’s 2004 Log of Claims simultaneously with the Union’s 2004 Log of Claims".

The Dispute was listed for a preliminary hearing on 13 September 2005, as a matter of urgency. On that day the preliminary hearing was adjourned part heard to 16 September 2005. On that day the hearing was again adjourned part heard to 30 September 2005. The parties sought the adjournments to allow further discussions to take place.

This Dispute was one of a number of Disputes involving the parties called on for special mention on 12 October 2005. During the course of proceedings on that day, the Tribunal was informed that Dispute No.41 of 2005 had been resolved.

Terms of Settlement dated 13 October 2005 and signed by the parties were subsequently filed with the Tribunal.

CONSENT AWARD

The Tribunal’s Award is in accordance with the signed Terms of Settlement dated 13 October 2005 filed herein and a copy of which is annexed to this Award.

DATED at Suva this 20 day of October 2005

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL