JUDGMENT

George Varughese JC:

Introduction

[1] This is an application for judicial review filed by the applicant, inter alia, for an Order of Certiorari against the Industrial Court's Award No 727 of 2020 [[2020] MELRU 727] dated 2 June 2020 ("Award").

Brief Facts

[2] The applicant is the owner of a hotel named "Hard Rock Hotel" operating at Jalan Batu Ferringhi, 11100 Penang ("Hotel").

[3] The 2nd respondent is the workers' union representing the union employees who are employed at the Hotel.

[4] At the material time, the applicant and the 2nd respondent were negotiating their 12th Collective Agreement for the period, beginning 3 November 2012 till 2 November 2015.

[5] A dispute arose as the applicant suggested to convert a portion of the service charge of its employees to make up the minimum wage of RM900.00 under the Minimum Wage Order 2012 ("MWO 2012').

[6] The 2nd respondent did not agree to the suggestion and counter proposed that the applicant use its own money to top up the basic wage of its employees and for the applicant to abide by art 12 of the 11th Collective Agreement ("11th CA").

[7] However, parties could not agree on the method of conversion of the service charge.

[8] As a