Building Construction, Timber and Allied Workers Union v Covec Fiji Ltd [2005] FJAT 42; Award 68 of 2005 (8 December 2005)

THE REPUBLIC OF FIJI ISLANDS

NO. 68 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

BUILDING CONSTRUCTION, TIMBER & ALLIED WORKERS UNION

AND

COVEC FIJI LIMITED

BCTAWU: Mr J Paul
Covec: Mr Z Xinhua

DECISION

This is a dispute between the Building Construction, Timber and Allied Workers Union (the "Union") and Covec Fiji Limited (the "Employer") concerning alleged breaches of the Memorandum of Agreement dated 1 August 2002.

A trade dispute was reported by the Union on 7 July 2003. By letter dated 23 July 2003 the Permanent Secretary informed the Union that the matter was being referred back to the parties to conduct meaningful negotiation to amicably resolve the dispute.

By letter dated 15 August 2003 the Employer reported the existence of a trade dispute. The Permanent Secretary accepted the report on 19 August 2003 and referred the Dispute to a Disputes Committee.

The decision by the Permanent Secretary to accept the Employer’s report of a trade dispute was challenged by the Union in the High Court by way of an application for Judicial review. In its Judgement delivered on 17 November 2004, the Court dismissed the application for Judicial review.

The Dispute had been referred to the Permanent Arbitrator on 11 September 2003 with the following terms of reference:

".... For settlement of the dispute in regards to the Union taking contrary view and influencing its members to go on strike, thus breaching the Memorandum of Agreement dated 1 August 2002".

The Dispute was listed for mention on 19 November 2004, 26 January, 25 February, 24 June, 30 September and 28 October 2005 at the request of one or other of the parties.

When the Dispute was called for mention on 25 November 2005, the parties informed the Tribunal that there was no longer any dispute between them. As a result they requested that the Dispute be marked as withdrawn and the proceedings discontinued.

CONSENT AWARD

The Dispute is marked withdrawn and the proceedings before this Tribunal are discontinued.

DATED at Suva this 8 day of December 2005

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL