AWARD NO. 102 OF 1989 (21.6.1989)

Award

This is a dispute between Subang Jaya Hotel Development Sdn. Bhd. (Merlin Subang) (hereinafter referred to as "the Hotel") and the National Union of Hotel, Bar & Restaurant Workers (hereinafter referred to as "the Union") over their failure to conclude a new Collective Agreement to replace their first Collective Agreement.The brief facts are that in or about July 1984, Faber Merlin Malaysia Bhd. acquired the Hotel from United Estate Projects Bhd. Prior to the acquisition of the Hotel, the Hotel was managed by Asiatic International Incorporated, a company incorporated in Japan.It had entered into a Collective Agreement (hereinafter referred to as "the First Agreement") with the Union on wages and terms and conditions of employment for a period of three years, effective form 1 April 1984 to 31 March 1987, with a proviso that the First Agreement would remain in force unless it was superseded by a new Collective Agreement or an Award of the Industrial Court.On 5 August 1987, the Union, in pursuance of Article 2(c) of the First Agreement, submitted to the Hotel a fresh proposal with a view to entering into a new Collective Agreement with the Hote