Tropik Woods Employees and Allied Workers Union v Tropik Woods Industries Ltd [2007] FJAT 49; Award 51 of 2007 (30 July 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 51 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TROPIK WOODS EMPLOYEES AND ALLIED WORKERS UNION

AND

TROPIK WOODS INDUSTRIES LIMITED

TWEAWU: Mr D Urai/Mr S Lingham
Tropik Woods: Mr J Bale

DECISION

This is a dispute between Tropik Woods Employees and Allied Workers Union (the Union) and Tropik Woods Industries Limited (the Employer) concerning the failure of the parties to reach agreement on two outstanding issues.

A trade dispute was reported by the Union. The report was accepted by the Permanent Secretary who referred the Dispute to a Disputes Committee.

Subsequently the Minister authorized the Permanent Secretary 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 18 May 2007 with the following terms of reference:

"- - - for settlement over the failure to reach an agreement on the following:

(i) Increase in height allowance

(ii) Company’s refusal to pay 6 days stand down to workers."

The Dispute was listed for a preliminary hearing on 25 May 2007. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 29 June 2007.

At the request of the parties the Dispute was then listed for mention on 6 July 2007.

By letter dated 3 July 2007 the Union indicated that the parties would be asking on 6 July 2007 that the Tribunal make a consent Award to the effect that the Dispute be withdrawn and the proceedings discontinued. The application was formally made by the Union on 6 July 2007. There was no appearance by or on behalf the Employer. The Tribunal is satisfied that the Employer had been made aware of the application. The Employer’s non-appearance indicated to the Tribunal that it did not oppose the application.

AWARD

The Dispute is withdrawn and the proceedings are discontinued.

DATED at Suva this 30 day of July 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL