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2016 MarsdenLR 1671
INDUSTRIAL COURT PENANG
KESATUAN PEKERJA-PEKERJA PENGANGKUTAN SEMENANJUNG MALAYSIA – Appellant
Versus
CONTAINERS LINK LOGISTICS SDN BHD – Respondent
Award No: 181 Of 2016 [Case No: 18/2-449/15]
The court confirms the validity of a consent award in collective agreements as strived in the Industrial Relations Act.
Headnote:This judgment relates to a Consent Award by the Honourable Minister of Human Resources, Malaysia, under s 26(2) of the Industrial Relations Act 1967. The facts involve a Collective Agreement between a labor union and a company, resolved amicably during mediation. The court finds that a Consent Award is appropriate based on the mutual agreement of terms. The main issue was whether the proposed terms were acceptable under the law, leading to the conclusion that a consent award accurately reflects the agreement reached by both parties.
| Table of Content |
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| 1. the collective agreement was reached through amicable mediation. (Para 1 , 2) |
| 2. court issues a consent award for the agreed terms. (Para 3) |
[1] This is an order of reference by the Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia pursuant to s 26(2) of the Industrial Relations Act 1967 dated 18 May 2015 between Kesatuan Pekerja-Pekerja Pengangkutan Semenanjung Malaysia (hereinafter referred to as "the Union") and Containers Link Logistics Sdn Bhd (hereinafter referred to as "the Company") pertaining to a Collective Agreement between the said parties.
[2] At a mediation conducted on 28 January 2016, the parties resolved all the articles amicably and managed to conclude all the terms and conditions of the Collective Agreement; which is to take effect on 1 February 2016.
Order
[3] The Court now hands down a Consent Award in respect of the said mutually agreed Collective Aggreement; which is attached here to as 'Appendix A'.
