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2008 MarsdenLR 3535 ; 2008 MarsdenLR 1

UMI KALTHUM ABDUL MAJID
KESATUAN PEKERJA-PEKERJA PERKAYUAN SEMENANJUNG MALAYSIA – Appellant
Versus
STAEDTLER (MALAYSIA) SDN BHD – Respondent


Advocates:
For the Union - Mohd Khalid Hj Atan, General Secretary; Timber Employees Union Peninsular Malaysia
Counsel for the Company - R Thayalan; M/s Ramadass & Associates
Gopal Subramaniam, General Manager of Company & T Darshini

REFERENCE: This is a reference under section 26(2) of the Industrial Relations Act 1967 ("the Act") arising out of a trade dispute between Kesatuan Pekerja-Pekerja Perkayuan Semenanjung Malaysia ("the Union") and Staedtler (Malaysia) Sdn. Bhd. ("the Company") pertaining to the Fourth Collective Agreement for the period 1 January 2006 to 31 December 2008 ("the C.A.").

CONSENT AWARD

1. This is a reference under section 26(2) of the Act arising out of a trade dispute between the Union and the Company pertaining to the C.A.

2. The Court fixed four mention dates to enable parties to file in their respective pleadings and bundles of documents. The Court had at the same time encouraged parties to try to settle the dispute amicably. The Court then fixed five more mention dates to enable the parties to have time to negotiate.

3. On 26 September 2008, when the matter was called up for mention, the learned counsel for the Company handed over copies of the C.A. duly signed by the parties and prayed for a consent award be handed down. The Court notes that the C.A. also contains 2 letters of Undertaking and a Joint Agreement. In one of the letters of Undertaking, the parties had agreed to extend

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