PAFCO Employees Union v Pacific Fishing Company Ltd [2007] FJAT 77; Award 79 of 2007 (3 December 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 79 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

PAFCO EMPLOYEES UNION

AND

PACIFIC FISHING COMPANY LIMITED

PAFCOEU: Mr T Tokalauvere
PAFCO: Mr G Singh

DECISION

This is a dispute between PAFCO Employees Union (the Union) and Pacific Fishing Company Limited (the Employer) concerning the laying-off of 227 workers (the Grievors) in breach of the Collective Agreement.

A trade dispute was reported by the Union on 3 November 2006. The report was accepted by the Chief Executive Officer 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 23 July 2007 with the following terms of reference:

" - - - for settlement over the laying-off of 227 workers which the union claims is in breach of sections 1 (a) (c) (f) 11 and 20 of the Master Agreement. The workers were laid off from the period 02/10/06 to 06/10/06. The union contends that the workers be fully compensated with one weeks wages and without loss of benefits."

The Dispute was listed for a preliminary hearing on 27 July 2007. On that day the parties were directed to file preliminary submissions by 10 August and the Dispute was listed for mention on 22 August 2007.

The Employer filed its preliminary submissions on 7 August and the Union did so on 9 August 2007.

The Dispute was then fixed for hearing on 7 November 2007. At the request of the parties the Dispute was listed for special mention on 6 November 2007. On that day the parties informed the Tribunal that the Dispute had been settled. A signed Memorandum of Agreement dated 6 November 2007 was filed. The parties sought a consent Award in terms.

CONSENT AWARD

The Award of the Tribunal is in the terms of a signed Memorandum of Agreement dated 6 November 2007, filed herein and a copy of which is Attachment A to this Award.

DATED at Suva this 3 day of December 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL