National Union of Hospitality Catering & Tourism Industries Employees v Fiji Hotel Association [2006] FJAT 29; Award 11 of 2006 (3 March 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 11 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY CATERING
AND TOURISM INDUSTRIES EMPLOYEES

AND

FIJI HOTEL ASSOCIATION

NUHCTIE: Mr F Anthony
FHA: Mr J Apted

DECISION

This is a dispute between the National Union of Hospitality Catering and Tourism Industries Employees (the "Union") and the Fiji Hotel Association (the "Association") concerning the Union's Log of Claims 2005.

A trade dispute was reported by the Union. The report was received by the Chief Executive Officer on 22 July 2005. As the Dispute involved 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 23 July 2005 with the following terms of reference:

"...... for settlement over the Union's Log of Claims 2005".

The Dispute was listed for a preliminary hearing on 29 July 2005. On that day the parties were directed to file preliminary submissions by 12 September and the Dispute was listed for mention on 16 September 2005. For reasons unrelated to the Dispute, that date was vacated and the Dispute was relisted for mention on 30 September 2005. On that day the parties were granted an extension of time to file their preliminary submissions by 30 October and the Dispute was listed for further mention on 25 November 2005.

The Dispute was subsequently listed for mention on 27 January and 24 February 2006 at the request of the parties. On 24 February 2006 the Tribunal was informed that all the members of the Association that were involved in the Dispute had signed agreements with the Union and as a result the Dispute was now settled.

CONSENT AWARD

1. The Award of the Tribunal in respect of this Dispute is in the terms set out in the Agreements made between the Association's members and the Union dated as follows:

(a) Sheraton Resorts Denarau	2/12/05
(b) Raffles Tradewinds Hotel	12/01/06
(c) Raffles Gateway Hotel	12/01/06
(d) Plantaion Island Resort	12/01/06
(e) Tokatoka Resort Hotel	16/12/05
(f) Mana Island Resort	1/02/06
(g) Fiji Mocambo Hotel	22/2/06
(h) Holiday Inn Suva	8/12/05
(i) The Naviti Resort	7/12/05
(7) The Warwick Resort	7/12/05
(k) Tokoriki Island Resort	5/12/05
(I) Shangri-La's Fijian Resort	7/12/05
(m) Wests Motor Inn	2/12/05

2. Copies of these agreements have been filed with the Tribunal and should be registered in accordance with section 34 of the Trade Disputes Act Cap.97.

DATED at Suva this 3^rd day of March 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL