Award No. 297 of 1990[31 OCTOBER 1990]

Arising out of a trade dispute between Lever Brothers (M) Sdn. Bhd. (hereinafter referred to as "the company") and the National Union of Petroleum & Chemical Industry Workers (hereinafter referred to as "the union") over wages, terms and conditions of employment, the Industrial Court handed down an award (Award No. 54/89 ) binding on them for a period of three years, effective from 1 January 1988. Award No. 54/89 was handed down on 14 April 1988.

On 13 November 1989, the union complained under section 56(1) of the Industrial Relations Act 1967 (hereinafter referred to as "the Act") that the company had not complied with Article 17.4 of Award No. 54/89 in that it had not given its boilermen working on the 2nd and 3rd shifts time off for meal/rest.

Article 17.4 of the Award reads:

17.4 The Normal shift working hours shall be -

Male Female

Morning 7.00 a.m. - 7.00 a.m. -

3.00 p.m. 3.00 p.m.

Afternoon 3.00 p.m. - 3.00 p.m. -

11.00 p.m. 10.00 p.m.

Night 11.00 p.m. -

7.00 a.m.

with an aggregate 45 minutes meal/rest breaks per shift.

Provided always that the company shall undertake to inform theunion in advance of any alteration in above times that may be conside