Telecommunications Employees Association v Fiji International Telecommunications Ltd [2005] FJAT 44; Award 70 of 2005 (8 December 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 70 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TELECOMMUNICATIONS EMPLOYEES ASSOCIATION

AND

FIJI INTERNATIONAL TELECOMMUNICATIONS LIMITED

TEA: Mr A Singh
FINTEL: Ms S Miller

DECISION

This is a dispute between the Telecommunications Employees Association (the "Association") and Fiji International Communications Limited (the "Employer") concerning an allegation that the Employer has breached Section 9 Part 3 of the Collective Agreement.

A trade dispute was reported by the Association. The report was accepted by the Chief Executive Officer who initially referred the Dispute to conciliation. As the conciliation remain deadlocked and as the Employer is categorized as 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 10 August 2005 with the following terms of reference:

"..... for settlement over the non-deduction of the National Staff Medical Scheme (NSMS) thus depriving the members of the benefit of the scheme, which is in breach of the Collective Union Agreement (CUA). As a result of the action by the Company, the Union claims that it has breached Section 9 Part 3 of the CUA between FINTEL and Telecommunications Employees Association".

The Dispute was listed for a preliminary hearing on 30 September 2005. The parties requested that the dispute be listed for mention on 28 October 2005. Again, at the request of the parties, the Dispute was listed for mention on 25 November 2005.

When the Dispute was called on 25 November 2005, the parties informed the Tribunal that the Dispute had been settled. The parties were finalising the settlement Agreement which was to be forwarded to the Tribunal as soon as possible.

By letter dated 28 November 2005 the Employer forwarded to the Tribunal a document titled Dispute Settlement Agreement dated 28 November 2005 and signed by officers of both the Association and the Employer.

CONSENT AWARD

The Tribunal’s Award is in the terms contained in the Dispute Settlement Agreement dated 28 November 2005 and signed by or on behalf of the parties, a copy of which is attached to this Award.

DATED at Suva this 8 day of December 2005.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL