Tropik Wood Employees and Allied Workers Union v Tropik Wood Industries Ltd [2006] FJAT 45; Award 54 of 2006 (1 October 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 54 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TROPIK WOOD EMPLOYEES AND ALLIED WORKERS UNION

AND

TROPIK WOOD INDUSTRIES LIMITED

TWEAWU: Mr F Anthony
Tropik Mr J Bale

DECISION

This is a dispute between Tropik Wood Employees and Allied Workers Union (the Union) and Tropik Wood Industries Limited (the Employer) concerning payment of wages to striking workers.

A trade dispute was reported on 25 July 2005 by the Union. The report was accepted by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Employer failed to nominate a representative to the Committee 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 22 November 2005 with the following terms of reference:

"... for settlement over the company's refusal to pay the workers for the period they were on strike due to the company's failure to resolve the matter expeditiously in relation to the union's 2004 log of claims".

The Dispute was listed for a preliminary hearing on 27 January 2006. On that day the parties were directed to file their preliminary submissions by 27 February 2006 and the Dispute was listed for mention on 24 March 2006. On that day both parties were granted an extension of 14 days to file their preliminary submissions and the Dispute was relisted for mention on 28 April 2006. Again the parties were granted a further 21 days to file their preliminary submissions and the Dispute was listed for mention on 26 May 2006.

The Employer filed its preliminary submissions on 25 May 2006.

On 26 May 2006 the Union was granted a further 21 days to file its preliminary submissions and the Dispute was again listed for mention on 23 June 2006.

The Union filed its preliminary submissions on 8 June 2006.

The hearing of the Dispute commenced on 5 October 2006 in Suva. During the morning proceedings the parties requested a brief adjournment to allow for some discussions to take place. When the hearing resumed the parties informed the Tribunal that the Dispute had been settled. The parties indicated that there should be a consent Award withdrawing the Dispute and discontinuing the proceedings.

CONSENT AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 1 day of October 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL