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1985 MarsdenLR 187

INDUSTRIAL COURT, KUALA LUMPUR
SOUTH JOHORE OMNIBUS SDN BHD – Appellant
Versus
TRANSPORT WORKERS UNION – Respondent
[Johore Baru, Case No. 12-022-85 (3.4.1985)]



AWARD

En. Tam Kam Weng.

1 South Johore Omnibus Sendirian Berhad, Johore Baru (hereinafter referred to as "the Company") and the Transport Workers' Union, Peninsular Malaysia (hereinafter referred to as "the Union") entered into a collective agreement (hereinafter referred to as "the Agreement") on 4th November, 1981 on terms and conditions of employment binding on them.

That Agreement was given effect to on 1st April, 1981 for a period of three years.

Upon the expiry of the Agreement, the Union submitted a claim for a new collective agreement.

The parties entered into negotiations on the Union's proposal on a number of occasions but failed to reach any accord.

Hence, their dispute was referred to the Industrial Court for adjudication.2. The case was fixed for hearing on 31st March 1985 and 1st April 1985.

On the first day of hearing, i.e. 31st March 1985, the parties asked for time to negotiate and to narrow down the issues.

Their negotiation went right through from morning into afternoon.

Thus the case was adjourned to 1st April 1985 for continuation.

On 1st April 1985, the parties reported that they had amicably reached settlement on all the disputed items and requested for a consent award in term of their settlement.

The Court sees no objection to their terms of settlement and record a consent award in term of their settlement as per Appendix hereto attached.

Consent Award

APPENDIX

PART I
STATUTORY

Article 1 - Parties to the Award

The parties bound by this Award are South Johore Omnibus Sdn. Bhd. a company incorporated in the States of Malaysia and having its registered office at No. 197-A. Batu 4½, Jalan Scudai, Johore Bahru, Johore (hereinafter referred to as "the Company") of the one part and the Transport Workers Union.

Peninsular Malaysia, a trade union registered under the Trade Union Ordinance, 1959 and having its registered office at No. 21, Jalan Barat, Petaling Jaya, Selangor (hereinafter referred to as "the Union") of the other part.

Article 2 - Duration and Termination of the Award

(1) This Award shall be deemed to have come into force in 1st April 1984 and shall remain in force for a period of three years expiring on 31st March 1987.

It shall thereafter continue to be in force unless terminated by either party giving not less than three calendar months' notice in writing, provided that such notice shall not be given before 1st January 1987.(2) During the currency of this Award neither the Company nor the Union shall seek to alter, modify, annual or add to any of its terms in any way whatsoever nor shall any demands or claims be made in respect of any of the matters provided in this Award either by the Company on the one part or the Union on the other part save by operation of law or by consent of the parties hereto.(3) Notwithstanding Clause (1) above, any payments due under the provisions of this Award shall be effected only from 1st January 1985.

Article 3 - Grievance Procedure

(a) It is the desire of both parties to this Award that grievance arising between an employee and the Company or between the Union and the Company be settled as equitably and as quickly as possible.

In pursuance of this, it is agreed that grievance should be processed according to the following procedure with the aim of reaching agreement at the lowest possible level and of maintaining continuous good relations between both parties.

Grievance shall be defined as a complaint by an employee.(b) Procedure

Step One: Problems or complaints must be taken up by the employee with his immediate supervisor in the first instance.

Step Two: If the employee fails to obtain satisfaction from his immediate supervisor within three (3) working days he may refer his grievance to the Traffic Manager and/or Personnel Manager accompanied by the Union Work Site Committee, if he so desires.

Step Three: If the employee still fails to obtain satisfaction within seven (7) working days of invoking step two, he may refer his grievance in writing either direct or through the Union as he wis

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