Steve Shim CJ (Sabah & Sarawak):

The Issues

This is an appeal against the decision of the Court of Appeal given on 23 May 2003. Leave to prosecute this appeal was granted by this court on 23 September 2003 on the following question:

Whether the Industrial Court in exercising its power and jurisdiction under section 56(1) of the Industrial Relations Act, 1967, can exercise its interpretative functions under section 33(1) of the Act in respect of the scope and ambit of a term of a collective agreement for the purposes of deciding whether there has been a non-compliance of the term complained of.

The Background Facts

The factual matrix relevant to this appeal can be briefly stated. The appellant ran a hotel which employed some members of the respondent union as workmen. The contract of employment of these workmen was governed by a collective agreement which was given cognizance of by the Industrial Court as No. 255/93. By letters dated 1 September 1996, the appellant served notice on the respondent stating that the appellant would effect " a closure of business" from 1 December 1996 due to renovation and refurbishment works. On the same date, the appellant also gave notice of