JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This was an application ("this Application") for judicial review filed by the Applicant, pursuant to O 53 r 2 of the Rules of 2012 ("Rules of ") for an Order for Certiorari to quash the Award of the Second Respondent ("the Industrial Court") dated 27 August 2019.

The background facts

[2] The issue before the Industrial Court revolved around a dispute between the Applicant and the First Respondent ("the Union") over the Terms and Conditions of Employment to be incorporated into the 14th Collective Agreement for the employees of the Applicant, who are under the scope of representation of the Union. It was impressed upon this Court that the 14th Collective Agreement which was disputed, had already expired since the Industrial Court had decided that the duration of the 14th Collective Agreement was from 1 October 2017 to 30 September 2020.

[3] The Union and the Applicant had previously entered into 13 successive Collective Agreements, and since negotiations for the 14th Collective Agreement ("the Collective Agreement") had reached a deadlock, the Union wrote to the Director General of Industrial Relations to intervene, in accordance with h