Fiji Air Engineering Association v Air Fiji Ltd [2005] FJAT 48; Award 02 of 2005 (27 January 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 2 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI AIR ENGINEERING ASSOCIATION

AND

AIR FIJI LIMITED

FAEA: Mr A. Singh / Mr P Narayan
Air Fiji: Mr D. Sharma / Ms Y Fatiaki

DECISION

This is a dispute between Fiji Air Engineering Association (the Association) and Air Fiji Limited (the employer) concerning the appointment of an expatriate Engineer to the newly created position of Manager Engineering Development.

A dispute was reported by the Association on 25 May 2004. The report was subsequently accepted by the Chief Executive Officer who referred the dispute to a Disputes Committee. As the employer failed to submit its nomination for appointment to the Committee within the prescribed time, the Minister authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 5A (5)(a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 11 August 2004 with the following terms of reference:

".... for settlement over the appointment of an expatriate Engineer to the newly created position of Manager Engineering Development in the Engineering Department of Air Fiji Limited on 11 June 2004. The Union claims that the appointment by the company did not follow the proper procedure for vacancies as detailed in clause 34 of the Collective Agreement. Therefore, the union contends that the Company must reverse the decision and follow the proper procedures."

The Dispute was listed for mention on 16 August 2004. On that day the parties indicated that the Dispute should proceed by way of submissions and requested that the Tribunal fix a schedule for the filing of written submissions. The Association was directed to file its submissions by the 16 September 2004. The Employer was directed to file submissions in answer by 18 October 2004 and the Association was directed to file any necessary submission in reply by 25 October 2004.

The Association filed its submission on 16 September and the Employer filed on 25 September 2004. The Association did not file a reply submission.

When the Dispute came on for mention on 26 January 2005 the parties informed the Tribunal that they had agreed that this Dispute should be withdrawn and the proceedings discontinued.

CONSENT AWARD

The Dispute is withdrawn and the proceedings before the Tribunal are discontinued.

DATED at Suva this 27 day of January 2005

Mr W.D. Calanchini
ARBITRATION TRIBUNAL