Building Construction, Timber and Allied Workers Union v Fiji Forest Industries Ltd [2007] FJAT 50; Award 52 of 2007 (30 July 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 52 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

BUILDING CONSTRUCTION TIMBER AND ALLIED
WORKERS UNION

AND

FIJI FOREST INDUSTRIES LIMITED

BCTAWU: Mr John Paul
FFIL: (No appearance)

DECISION

This is a dispute between Building Construction Timber and Allied Workers Union (the Union) and Fiji Forest Industries Limited (the Employer) concerning the Employer’s refusal to comply with an agreement dated 16 March 2005.

A trade dispute was reported by the Union on 31 October 2006. The report was accepted on 10 January 2007 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 2 July 2007 with the following terms of reference:

"- - - for settlement over the employer’s refusal to comply with the provisions of the agreement entered into by the parties dated 16 March 2005. The union claims that any wage increases agreed upon by the parties for 2006 should be backdated 01 January 2006.

The Dispute was listed for a preliminary hearing on 6 July 2007. On that day the Dispute was listed for mention on 13 July 2007 as there was no appearance by or on behalf of the Employer.

By letter dated 12 July 2007 the Union enclosed a copy of a signed agreement dated 12 July 2007 made by the parties in settlement of the Dispute. The parties agreed that the Dispute was to be withdrawn and the proceedings discontinued.

CONSENT AWARD

In accordance with clause 11 of the signed agreement dated 12 July 2007, the Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 30 day of July 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL