University of the South Pacific Staff Union v University of the South Pacific [2005] FJAT 51; Award 06 of 2005 (1 February 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 6 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

UNIVERSITY OF THE SOUTH PACIFIC STAFF UNION

AND

UNIVERSITY OF THE SOUTH PACIFIC

USPSU: Ms L. Waqalevu
USP: Mr J. Apted

DECISION

This is a dispute between the University of the South Pacific Staff Union (the Union) and the University of the South Pacific (the Employer) concerning the University’s rule on part time studies.

A trade dispute was reported by the Union. The Permanent Secretary accepted the report on 18 September 2003 and referred the dispute to a Disputes Committee. As a consensus decision could not be reached, the Minister authorized the Permanent Secretary (now referred to as 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 28 January 2004 with the following terms of references:

"....for settlement over the University’s rule on part – time studies, which disallows staff pursuing part – time studies, from enrolling in more than one course at one time. The Union claims that this is a breach of their Collective Agreement clause 10.01.01. The Union contends that Intermediate and Junior staff should be permitted to take one USP sponsored course as it is currently in place per semester and any other courses that could be taken through part – time schedules or through Distance and Flexible Learning mode. Staff should be allowed like any other person to enroll into other courses if it did not in anyway interfere with the University official hours."

The Dispute was listed for a preliminary hearing on 18 February 2004. On that day the parties requested that the Dispute be relisted for mention on 10 March 2004. On that day the parties informed the Tribunal that they were having discussions and requested a further mention listing on 12 May 2004. The dispute was listed again for mention on 18 June 2004. The solicitor for the Employer requested a further mention date for 15 September 2004 as the parties were attempting to resolve the matter. On that day the Dispute was again listed for mention on 13 October 2004, and then again on 19 November 2004. On that day the parties were directed to file preliminary submissions by 19 December 2004 and the Dispute was listed for mention on 26 January 2005. On that day the parties informed the Tribunal that by consent the Dispute was to be withdrawn and the proceedings discontinued.

CONSENT AWARD

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

DATED at Suva this 1 day of February 2005.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL