Fiji Bank and Finance Sector Employees Union v Colonial Life [2007] FJAT 10; Award 10 of 2007 (13 February 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 10 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI BANK AND FINANCE SECTOR EMPLOYEES UNION

AND

COLONIAL LIFE

FBFSEU: Mr P Rae
Colonial: Mr V Kapadia

DECISION

This is a dispute between the Fiji Bank and Finance Sector Employees Union (the Union) and Colonial Life (the Employer) concerning a number of outstanding issues in relation to the Collective Agreement and the 2004 Log of Claims.

Two trade disputes were reported by the Employer on 3 December 2004. Subsequently two further trade disputes were reported by the Union on 17 December 2004. The reports were accepted by the Chief Executive Officer who referred the Disputes to conciliation. During the conciliation proceedings the parties signed an agreement dated 5 April 2005 to refer the matters in dispute to voluntary arbitration.

As a result the Minister authorized the Chief Executive Officer to refer the Disputes to an Arbitration Tribunal for settlement pursuant to section 6 (i) of the Trade Disputes Act Cap 97.

The Disputes were referred to the Permanent Arbitrator on 21 April 2005 with terms of reference which were subsequently amended at the request of the parties and by consent on 2 August 2006 to read as follows:

".......... The Tribunal will adjudicate over the following matters:

1. The Union’s failure to agree to certain issues in conformity with clause 5 (e) of the Collective Agreement for Colonial Life’s current established pay for performance system whereby inflationary adjustments and remuneration markets survey are considered for annual salary increase.

2. Colonial Life’s failure to negotiate and settle the Union’s 2004 Log of Claims dated 28 September 2004.

3. Whether Colonial Life’s complementation of a structural increase in compliance with the job evaluation agreement necessitated a further agreement with the Union.

4. Whether the structural adjustment should have been implemented by Colonial Life from 1 January 2004 instead of 1 January 2004.

5. Whether the structural adjustment by Colonial Life required that all individual salaries be adjusted."

The Dispute were listed for a preliminary hearing on 29 April 2005. At the request of the parties the Disputes were listed for mention on 27 May 2005. On that day the parties were directed to file their preliminary submissions within 21 days and the Disputes were listed for further mention on 24 June 2005. The parties were then granted a further 14 days to file preliminary submissions and the Disputes were relisted for mention on 29 July 2005.

The Union filed its preliminary submissions on 28 July 2005.

On 29 July 2005 the Employer was directed to file its preliminary submissions within 14 days and the Disputes were subsequently listed for mention on 30 September 2005.

The Employer filed its preliminary submissions on 12 August 2005.

The Disputes were listed for hearing on 2 November 2005. At the hearing the parties made a number of submissions concerning the Tribunal’s terms of reference. The parties indicated that there were errors in the reference with respect both to the various Colonial entities in dispute with the Union and the issues which required settlement by the Tribunal. The hearing of the Disputes were adjourned part heard to 25 November 2005 for mention. On that day the parties informed the Tribunal that a joint approach would be made to the Chief Executive Officer for the terms of reference to be amended. The Disputes were relisted for mention on 27 January 2006.

The Disputes were subsequently listed for mention on 24 February, 24 March, 28 April, 26 May, 23 June, 26 June, 27 July and 3 August 2006. The reason for the on-going mention dates was that the parties were engaged in discussions with the Chief Executive Officer concerning the amendments to the terms of reference.

On 3 August 2006 the parties were directed to file any necessary supplementary submissions by 15 September 2006 and the Disputes were listed for further mention on 29 September 2006. On that day the Disputes were listed for the continuation of the hearing on 24 October 2006.

On 24 October the parties made further submissions in relation to the further conduct of the proceedings. At the request of the parties the hearing was again adjourned part heard and the Disputes were relisted for mention on 27 October 2006. On that day the parties were directed to file a signed statement of agreed facts within 14 days and the Disputes were listed for mention on 24 November 2006. On that day the hearing of the Dispute was listed to continue on 1 February 2007.

When the Disputes were called on for hearing the parties informed the Tribunal that the Disputes were settled. The parties handed to the Tribunal signed Terms of Settlement dated 31 January 2007. The parties indicated that they were seeking a consent award in the terms set out in the signed Terms of Settlement.

CONSENT AWARD

The Award of the Tribunal in these Disputes is set out in the signed Terms of Settlement dated 31 January 2007 in so far as the matters dealt with in the said Terms of Settlement deal with the issues raised in the amended terms of reference dated 2 August 2006.

A copy of the signed Terms of Settlement is Attachment 1 to this Award

DATED at Suva this 13 day of February 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL