Fiji Public Service Association v Fiji Islands Revenue and Customs Authority [2006] FJAT 15; Award 62 of 2006 (22 November 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 62 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

FIJI ISLANDS REVENUE AND CUSTOMS AUTHORITY

FPSA: Mr N Tofinga
FIRCA: Ms F Gavidi

DECISION

This is a dispute between the Fiji Public Service Association (the Association) and the Fiji Islands Revenue and Customs Authority (the Authority) concerning an alleged breach of the Collective Agreement.

A trade dispute was reported on 15 September 2005 by the Association. The report was accepted by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As a consensus decision was not reached, the Minister authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 5 A (5) (a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 21 December 2005 with the following terms of reference:

"...................... for settlement over the refusal of the Authority to select and fill vacant positions from within the Authority in accordance with clause 1.3 of the Collective Agreement dated 08/02/02 and JERP Principle #6."

The Dispute was listed for a preliminary hearing on 27 January 2006. At the request of the parties, the Dispute was listed for mention on 24 February 2006. On that day the parties were directed to file their preliminary submissions within 21 days and the Dispute was listed for further mention on 24 March 2006.

The Authority filed its preliminary submission on 23 March 2006.

On 24 March 2006 the Association was granted a further seven days to file its preliminary submissions and the Dispute was listed for mention on 28 April 2006.

The Association filed its preliminary submissions on 30 March 2006.

The Dispute was then fixed for hearing on 5 July 2006.

On that day the parties made oral submissions concerning the terms of reference and made an application for the hearing date to be vacated. The Tribunal granted the application and directed that both parties file supplementary submissions by 26 July 2006. The hearing date was vacated and the Dispute was listed for mention on 28 July 2006.

The Dispute was subsequently listed for mention on 1 and 29 September 2006 at the request of the parties. The Dispute was then fixed for hearing on 19 October 2006.

When the Dispute was called on for hearing the parties again requested that the hearing date be vacated on the grounds that the Association was considering a draft settlement document prepared by the Authority.

The Tribunal granted the application and the Dispute was listed for mention on 27 October 2006. On that day the parties informed the Tribunal that the Dispute had been settled. The Tribunal directed that the parties file signed terms of settlement within seven days.

By letter dated 3 November 2006 the Association forwarded to the Tribunal a signed Deed of Settlement dated 2 November 2006.

CONSENT AWARD

The Award of the Tribunal is contained in the signed Deed of Settlement dated 2 November 2006 a copy of which is Attachment A to this decision.

DATED at Suva this 22 day of November 2006.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL