Fiji Nursing Association v Public Service Commission [2006] FJAT 68; Award 29-31 of 2006 (19 May 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NOS. 29-31 OF 2006

AWARDS OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTES BETWEEN

FIJI NURSING ASSOCIATION
FIJI PUBLIC SERVICE ASSOCIATION
FIJI TEACHERS UNION

AND

PUBLIC SERVICE COMMISSION

FNA, FPSA and FTU: Mr N G Singh with Mrs K Lutua
PSC: Ms A Uluiviti

DECISION

In Awards numbered 52, 53 and 54 of 2005 the Tribunal made interim awards in part settlement of disputes numbered 6, 7 and 9 of 2005.

The terms of reference in respect of each dispute was set out in full in the interim Awards. In summary, the Fiji Nursing Association (the "Association") claimed a 8% COLA increase which was reduced to 5% and changes to the terms and conditions of employment of its members. The Fiji Public Service Association and the Fiji Teachers Union (the Unions) also claimed a 5% COLA increase together with a claim for a 15% increase in all work related allowances with effect from 1 January 2004. These claims arose out of the 2004 Log of Claims submitted to the Commission by the Association and the Unions.

The interim Awards dealt with the issue of COLA only. All other matters were to be dealt with by the Tribunal at a later date in the event that on-going negotiations did not result in settlement.

Following the handing down of the Interim Awards in mid October 2005, the Disputes were listed for mention on 28 October, 25 November 2005, 27 January, 24 February, 24 March and 28 April 2006 at the request of the parties. The parties indicated that negotiations were continuing and additional time was required to allow the negotiations to continue with a view to finalising all outstanding issues.

When the Disputes were called for mention on 28 April 2006 the parties informed the Tribunal that the outstanding issues had been settled. In respect of each Dispute, a copy of a signed memorandum of agreement was filed. The parties indicated that they sought consent awards in respect of each dispute in the terms of the relevant clauses of the signed memoranda of agreement.

CONSENT AWARDS

1. Award No. 29 of 2006

In respect of Dispute No. 6 of 2005 concerning the Association's claims not dealt with in Interim Award No. 53 of 2005 the Tribunal's Award is in the terms set out in paragraphs 5 and B1 and Appendix A of the signed Memorandum of Agreement dated 26 April 2006, a copy of which is attached to this Award.

2. Award No. 30 of 2006

In respect of Dispute No. 7 of 2005 concerning the Fiji Public Service Association's claims not dealt with in Interim Award No. 52 of 2005, the Tribunal's Award is in the terms of paragraphs 6 and B1 and Appendix A of the signed Memorandum of Agreement dated 25 April 2006, a copy of which is attached to this Award.

3. Award No. 31 of 2006

In respect of Dispute No. 9 of 2005 concerning the Union's claims not dealt with in Interim Award No. 54 of 2005, the Tribunal's Award is in the terms set out in paragraph B1 and Appendix A of the signed Memorandum of Agreement dated 26 April 2006, a copy of which is attached to this Award.

DATED at Suva this 19th day of May 2006

Mr. W. D. Calanchini

ARBITRATION TRIBUNAL