JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] A trade dispute between the Malayan Commercial Banks' Association ("the Association") and the National Union of Bank Employees, States of Malaya ("the Union") arose concerning certain terms of the 20th Collective Agreement being negotiated between the parties. The dispute was, ultimately, on 29 April 2024, referred under s 26(2) of the Industrial Relations Act 1967 ("IRA") by the Minister of Human Resources to the Industrial Court .

[2] The dispute was fixed for a hearing beginning 17 January 2025, but seven days before the hearing, the Union filed an application vide Encl 110A requiring the Association to furnish the Union with the following information and documents pursuant to s 29(c) and (g) of the IRA:

(a) a list setting out the salaries received by the employees of the member banks of MCBA in all categories for the past 3 years;

(b) a list setting out, for the past 3 years:

(i) all forms of bonus (including but not limited to performance bonus, annual bonus, attendance bonus, and discretionary bonus);

(ii) the number of months of each bonus paid to each category of these employees; and

(iii) the minimum and maximum amount of each bonus paid to each category of employees;

(c) a list setting out all forms of allowances, subsidies, perks, incentives, and benefits (including but not limited to housing allowances, vehicle and travel allowances, internet and devices allowances (such as mobile phones, iPad etc), holiday/vacation allowances, meal allowances, childcare allowances, entertainment allowances and any other special allowances) [hereinafter referred to as "allowances"] and the amount received by each category of employees over the past 3 years;

(d) a list setting out the salaries, bonuses, and any form of allowances paid to Sabah and Sarawak bank employees in all categories for the past 3 years;

(e) the costs incurred by each employee who uses the in-house child day care services;

(f) a copy of their anti-sexual harassment policies;

(g) a copy of the disciplinary processes to enable a uniform disciplinary process to be set out; and

(h) a copy of all their employees' insurance coverage, employees' family insurance coverage, including hospitalisation for each category of employees, for the past 3 years.

[3] On 25 March 2025, in an interim award, the Industrial Court unanimously dismissed the Union's application for information and documents. On 8 April 2025, the Union filed a notice of appeal against the interim award. While the instant appeal against the interim award was pending, the Union extracted a notice of application dated 11 April 2025 for an order that the proceedings before the Industrial Court on the substantive dispute be stayed pending the disposal of the said appeal.

[4] On 27 August 2025, I dismissed the application for the stay of proceedings.

Decision Of The Industrial Court

[5] The 20th Collective Agreement, which is in dispute, is for the period of 1 January 2024 to 31 December 2026. At the Industrial Court to adjudicate on the dispute, and after pleadings were closed, on 2 October 2024, hearing dates were fixed, scheduled for 17 January 2025, 19 January 2025, and 20 February 2025. Parties were also directed to file their respective Bundles of Documents on or before 2 December 2024, and witness statements on or before 2 January 2025. These directions were given so as to expeditiously resolve the dispute in consonance with s 29(g) of the IRA, which provides the Industrial Court to:

"generally direct and do all such things as are necessary or expedient for the expeditious determination of the matter before it".

[6] A mention date, ie, 6 January 2025, was fixed by the Industrial Court to ensure that the parties have complied with all the directions so that the matter could be heard on the hearing dates without any delay and expeditiously as required by s 29(g) of the IRA. On the said mention date, the Association's counsel informed that the Association had