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2008 MarsdenLR 2938
INDUSTRIAL COURT, KUALA LUMPUR
NETWORK FOODS INDUSTRIES SDN BHD – Appellant
Versus
KESATUAN KAKITANGAN EKSEKUTIF INDUSTRI MAKANAN SEMENANJUNG MALAY.... – Respondent
Award No. 718 Of 2008 [Case No: 7/2 - 1582/04]
AWARD
The reference here is a trade dispute between Network Foods Industries Sdn. Bhd. ("the Company) and Kesatuan Kakitangan Eksekutif Industri Makanan Semenanjung Malaysia ("the Union") over the terms and conditions to be incorporated into the First Collective Agreement between the parties.
The case was first called for mention on 5.10.2004. The parties informed the Court that the said Collective Agreement (C.A.) contains 51 proposed articles out of which 24 articles are still in dispute. The parties requested for sometime as there was a likelihood that the remaining disputes could also be resolved. This being the first C.A. for the parties they would require more time to negotiate. The Court gave directions for parties to file their pleadings.
The case was fixed for hearing a few times but was postponed due to requests made by either party. On 5.12.2007 counsels for both parties informed Court that the matter has been resolved and they would submit to Court the signed C.A. for a consent award.
Parties submitted to Court the agreed C.A. on 9.4.2008. The Court therefore hands down a consent award in respect of the agreed C.A. a copy of which is annexed hereto.
HANDED DOWN AND DATED THIS 14TH DAY OF APRIL 2008
(SYED AHMAD RADZI SYED OMAR)
CHAIRMAN
INDUSTRIAL Court MALAYSIA
KUALA LUMPUR
NETWORK FOOD INDUSTRIES SDN BHD
(FOOD INDUSTRIES EXECUTIVE STAFF UNION)
PENINSULAR MALAYSIA COLLECTIVE AGREEMENT 2004 - 2007
NETWORK FOODS INDUSTRIES SDN BHD
(FOOD INDUSTRIES EXECUTIVE STAFF UNION)
PENINSULAR MALAYSIA AGREEMENT 2004 - 2007
CONTENTS
| PART 1 | STATUTORY | ||
| ARTICLE | 1 | - | Parties to the Agreement |
| 2 | - | Title | |
| 3 | - | Duration, Modification and Termination of Agreement | |
| 4 | - | Consultations and Grievance Procedure | |
| 5 | - | Arbitration | |
| 6 | - | Interpretation | |
| PART 2 | EMPLOYER - EMPLOYEE RELATIONS | ||
| ARTICLE | 7 | - | Recognition of the Union |
| 8 | - | Recognition of the Company/Collection of union subscription. | |
| 9 | - | Discipline of Employee | |
| 10 | - | Probation | |
| PART 3 | TERMS AND CONDITIONS OF EMPLOYMENT | ||
| ARTICLE | 11 | - | [no agreement] |
| 12 | - | Overtime / Overtime Allowance | |
| 13 | - | Work Allowance on Rest Day | |
| 14 | - | Paid Public Holidays | |
| 15 | - | Promotion | |
| 16 | - | [no agreement] | |
| PART 4 | BENEFITS | ||
| ARTICLE | 17 | - | Medical Attention |
| 17A | - | Disablement | |
| PART 5 | LEAVE ENTITLEMENT | ||
| ARTICLE | 18 | - | Sick Leave |
| 19 | - | Prolonged Illness | |
| 20 | - | Industrial Accident Leave | |
| 21 | - | Maternity Leave | |
| 22 | - | Paternity Leave | |
| 23 | - | Marriage Leave | |
| 24 | - | Annual Leave | |
| 25 | - | Special Paid Leave | |
| 26 | - | Calamity Leave | |
| 27 | - | Compassionate Leave | |
| PART 6 | ALLOWANCES | ||
| ARTICLE | 28 | - | Shift Allowance |
| 29 | - | Acting Allowance | |
| 30 | - | Meal Subsidy | |
| 31 | - | Mileage Reimbursement | |
| 32 | - | Outstation Allowance | |
| 33 | - | Transfer of Staff/Housing allowance | |
| PART 7 | SALARIES | ||
| ARTICLE | 34 | - | [Orignal article 34 relating to increment incoprated into article 36] |
| 35 | - | Salary Range | |
| 36 | - | Salary Adjustment & Increments | |
| 37 | - | Annual Bonus | |
| 38 | - | Retirement | |
| 39 | - | Retrenchment | |
| 40 | - | [Delated by agreement] | |
| PART 8 | GENERAL | ||
| ARTICLE | 41 | - | Safety Equipment |
| 42 | - | [no agreement] | |
| 43 | - | [no agreement] | |
| APPENDIX A - Salary Range | |||
PART 1 : STATUTORY
ARTICLE 1 - PARTIES TO THE AGREEMENT
1.1 This First Collective Agreement is made pursuant to the Industrial Relation Act, 1967 between the Food Industry Executive Staff Union, Peninsular Malaysia being a Trade Union of employees registered pursuant to the Trade Union Act 1959 , [hereinafter referred to as "the Union" ] on the one part and Network Foods Industries Sdn. Bhd. [hereinafter referred to as "the Company"] on the other part, wherein it is agreed that the terms and condition of employment shall be observed by the Union and the employees of the Company on the one part and the Company on the other part as specified in this Agreement.
1.2 In the event the company changing its name without change in ownership of the business, the article of this Agreement shall continue to cover the employees to whom this Agreement was applicable at the time the change of name took place.
1.3 Now it is hereby agreed that and declared between the parties heretofore as follows:
ARTICLE 2 - TITLE
This Agreement shall be known as the " NETWORK FOODS INDUSTRIES SDN. BHD. AND FOOD INDUSTRY EXECUTIVE STAFF UNION Peninsular Malaysia AGREEMENT 2004".
ARTICLE 3 - DURATION, MODIFICATION AND T
