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 considered necessary, but the normal working week of 48 hours shall remain unaltered.

Provided also that the company may extend the afternoon shifthours for female employees to 11.00 p.m., should this become permissible by legislation.

The facts of the case are briefly these. The company commenced operations in 1952 at its Bangsar factory. It manufactured soap tablets. Boilers were used to generate steam to drive the machinery used. Prior to 16 July 1984, the company had five boiler units, all of which were housed in the "Boiler house". Two to three of these boilers were operated at any one time on a 4 crew-3 shift system, with each shift manned by two employees. Effective from 16 July 1984, consequent upon a reorganisation, three of the boilers (i.e. Lancashire Boilers) were disposed off. In the result, there was a requirement for only one steam Boiler/Engine Driver 1 per shift instead of two. The company then implemented new 3-shift operations with an additional Stearn Boiler/Engine Driver II possessing a Grade I Steam Certificate to replace any one of the Steam Boiler/Engine Driver I who was away on authorised absence. In recognition of the fact that the boilermen were engaged in work which had to be carried out continuously and which required continued attendance, the company paid these boilermen an inconvenience allowance of $3.24 per shift, with effect from 16 July 1984, notwithstanding the fact that an air-conditioned room was provided within the Boiler House for them to stay in during the long periods of standby or inactive duty. This arrangement still continues at the Bangsar factory.

In 1981, a new Oleochemical Factory was established at Bukit Raja, Klang under the name of "Unichema". Production at this factory, including boiler house operations, was on a 4 crew-3 shift system and there were four Steam Boiler/Engine Drivers I, all possessing Grade I Steam Certificates. These Steam Boiler/Engine Drivers were required to take their meal/rest breaks in the Boiler House where an air-conditioned room within the Boiler House was available for this purpose, having regard to the fact that they were engaged in work which had to be carried on continuously and which required continual attendance. Such operation still continues in Bukit Raja today.

The union is not happy with his arrangement. Its complaint was that the company practised a double standard by not providing the same terms to the Boilermen working at its new premises in Bukit Raja, Klang who worked for the full eight hours without proper meal/rest breaks and without an inconvenience allowance. It did not want the inconvenience allowance to be extended to the boilerman in Bukit Raja, Klang as it contended that the inconvenience allowance could not substitute meal/rest breaks, as the "break" was a requ