Transport Workers Union v Fiji Ships and Heavy Industries Ltd [2008] FJAT 21; Award 22 of 2008 (14 April 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 22 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TRANSPORT WORKERS UNION

AND

FIJI SHIPS AND HEAVY INDUSTRIES LIMITED

TWU: Mr K Kumar
Fiji Ships: Ms S Naikarua

DECISION

This is a dispute between Transport Workers Union (the Union) and Fiji Ships and Heavy Industries Limited (the Employer) concerning the reduction of normal working day, in breach of the Collective Agreement.

A trade dispute was reported by the Union on 17 October 2007.

The report was accepted on 1 November 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 24 March 2008 with the following terms of reference:

" - - - for settlement over the employer’s decision to reduce the normal working days from 5 days per week to 3 days per week with effect from 19 June 2007 which the Union claims resulted in loss of pay of its members. The union claims that the employer’s action is a breach of clause 3.0, 4.0, 11.0 and 15.0 of the Collective Agreements dated 24 October 2003 and 6 September 2007. Therefore the union seeks to have full time work restored for all its members with restrospective effect from 19 June 2007."

The Dispute was listed for a preliminary hearing on 8 April 2007. On that day the parties informed the Tribunal that the Dispute had been settled. The parties indicated that they were seeking from the Tribunal a consent award in terms of a signed Memorandum of Agreement dated 7 April 2008.

CONSENT AWARD

The Award of the Tribunal is in terms of a signed Memorandum of Agreement dated 7 April 2008 filed herein and a copy of which is Attachment 1 to this Award.

DATED at Suva this 14 day of April 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL