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2016 MarsdenLR 1878

INDUSTRIAL COURT KUALA LUMPUR
KESATUAN PEKERJA-PEKERJA PERKILANGAN PERUSAHAAN MAKANAN – Appellant
Versus
F & N DAIRIES MANUFACTURING SDN BHD – Respondent


Table of Content
1. the case pertains to the ministerial reference for collective agreement dispute resolution. (Para 1 , 2)
2. employer's proposal to exclude yearly bonus raises disputes involving wage definitions. (Para 7 , 8 , 9 , 10)
3. past practices significantly impact wage calculations under collective agreements. (Para 12 , 13 , 19)
4. diverse proposals for employee leave and compensations examined for fairness. (Para 23 , 25 , 31)
5. equity and financial capability are crucial in determining salary adjustments. (Para 35 , 54 , 66)
Anna Ng Fui Choo:

[1] This is a Ministerial reference to the Industrial Court under s 26(2) of the Industrial Relations Act 1967 ("the Act") made on 4 February 2014 for an award in respect of the dispute over the proposed 14th collective agreement ("CA") pertaining to the terms and conditions of employment applicable to the employees who come within the scope of the CA. The company was previously known as Premier Milk (Malaya) Sdn Bhd F&N Foods Sdn Bhd.

[2] The proposed 14th CA was meant for the period from 1 May 2012 to 30 April 2015. There are a total of 47 articles in the proposed CA wherein 38 articles had been agreed upon and signed by the partie

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