1 This is a trade dispute between Arab-Malaysian Development Berhad, Taiping (hereinafter referred to as "the Company") and Perak Textile & Garments Manufacturing Employees' Union (hereinafter referred to as "the Union") over wages and terms and conditions of employment for employees employed in the Company

2 The Company was incorporated in 1965 and was then known as Taiping Textile Berhad

3 On 1 September 1982, the Company, then known as Taiping Textile Berhad, entered into a collective agreement (hereinafter referred to as "the Agreement") with the Union on wages and terms and conditions of employment

4 At the commencement of the hearing, both the Company and the Union informed the Court that (1) they had agreed to take the Agreement as the basis of their working document for a new agreement, and (2) they had also agreed to all the provisions in the Agreement, except the following:-

(1) Article 10 - Annual increment;

(2) Article 13 - Wage Structure/Conversion;

(3) Article 14 - Annual Bonus; and

(4) Article 28 - Industrial Accident Leave

During and in the course of hearing, both parties agreed to accept Article 36 of the Company's Statement in Reply

5. ARTICLES 10 & 13 - ANNUAL INCREMENT & STRUCTURE/CONVERSION

Under the Agreement, monthly rated, daily rated and piece rated employees were paid the following wages and annual increments:-

Post Probation Confirmation Remarks

A. Trainee Ma $5.00 $5.50 Notes 1. In Spinning Division and Weaving Division those For piece-rated

Operator qualified will be paid according to peice-rate after workers (spinning &

a 3-month probationary period

Weaving only):

2 Machine Operators in Spinning Division and (1) 4% to basic wage

Weaving Division who are industrious and for those who

conscientious might be considered for 3 years service

promotion to the following posts and but less than 5

minimum wages: years

Division Post Wages Annual

Increment (2) 6% to basic wage

Spinning for those who

have completed

Spinning Doffer $ 8.65 ) 5 years service

Spinning Chief Doffer $ 9.30 ) and above

Dily rated: $1.00/day

Spinning Commander/Trainer $10.30 )

Monthly

Weaving Helper $ 7.50) rated:

$30/month

Weaving AsstInstructor/Leader $ 8.80 )

WeavingInstructor $ 9.60)

(1) Weaver's piece rate (rate per metre)

(2) Shuttle & Battery Filler's piece rate (rate per loom)

(3) Pirn Winder Tender's piece rate (rate per set)

(4) Cloth Doffer's piece rate (rate per piece)

(5) Cloth Repairer's piece rate (rate per piece)

(6) Folding Machine Operator's piece rate (rate per piece)

(7) Bag Making piece rate (rate for 1,000 pieces)

(8) Drawing-in Workers piece rate (rate for 1,000 ends)

(9) Warper's piece rate (rate for 10,000 yds.)

6 The Union sought to improve the employees' wage structure and annual increments as follows:-

Remarks: Technician, Commander, Instructor, Trainer (Spinning) - after 3 years' continuous service shall be converted to monthly rated

Remarks: All existing Training Helper Weavers who have worked for more than 3 months' service and are not confirmed to be confirmed as Helper Weaver and given the Helper Weaver and given the Helper Weavers salary

(1) Weaver's piece rate (rate per metre)

(2) Shuttle & Battery Filler's piece rate (rate per loom)

(3) Pirn Winder Tender's piece rate (rate per set)

(4) Cloth Doffer's piece rate (rate per piece)

(5) Cloth Repairer's piece rate (rate per piece)

(6) Folding Machine Operator's piece rate (rate per piece)

7 The effect of the Union's claim is this

"PROFIT FOR THE YEAR

The pre-tax profit of the Company (as a holding Company) at $10,533,000 is arrived at as follows:-

Profit of Textile $ 1,000,000

operations (See above)

Property related income $ 1,683,000

of Company (See above)