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2024 MarsdenLR 774

INDUSTRIAL COURT KUALA LUMPUR
KESATUAN PEKERJA-PEKERJA PELABUHAN PULAU PINANG – Appellant
Versus
PERSATUAN MAJIKAN-MAJIKAN MEMUNGGAH MUATAN KAPAL .... – Respondent


Petitioner Advocates:Vijayan Veeriah ,Respondent Advocate: Aznil Abdul Majid

AWARD

Jeyaseelen T Anthony:

Reference

[1] This is a reference dated 21 October 2020 by the Honourable Minister of Human Resources, Malaysia pursuant to s 26(2) of the Industrial Relations Act 1967 (hereinafter referred to as " IRA 1967") arising out of a trade dispute between the Kesatuan Pekerja-Pekerja Pelabuhan Pulau Pinang (hereinafter referred to as "the Union") and Persatuan Majikan-Majikan Memunggah Muatan Kapal Pulau Pinang dan Seberang Perai (hereinafter referred to as "the Company") relating to the 14th Collective Agreement (CA) for the period of 1 July 2018 to 30 June 2021.

Background

[2] This reference under s 26(2) of the Industrial Relations Act 1967 (hereinafter referred to as the 'Act') dated 21 October 2020 arose out of a trade dispute between the Union and the Company over the 14th Collective Agreement (CA) for the period of 1 July 2018 to 30 June 2021.

[3] This trade dispute concerns several Stevedoring companies who are members of the respondent, the Stevedore Employers' Association of Penang and Province Wellesley. The Union represents the employees of these companies who are known as Stevedores. Generally, stevedoring is a process of loading or discharging/off-

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