Tribunal rules on validity of collective agreement for airline workers

  • June 1, 2022

 

ATS had challenged the legality of the  Collective Agreement stating that it had expired and was no longer enforceable. However the Tribunal has ruled in FASA’s favour, recognizing the validity of the CA & dismissing ATS’s management  claims (30/05/22).

The applicant Union – Federation Airline Staff Association  had signed a Master Agreement in January 1998 and a clause  stating the tenure of the agreement was included as follows:

This agreement shall remain binding  on the Federated Airline Staff Association and  on Air Terminal Services Limited until 31st August 1998 and shall remain in force after the expiration date until amended or replaced by a further agreement .” 

The employer disagreed on the validity and stated that it had expired  on 31st January 1998, while the Union disagreed stating that the Agreement  and various agreements to the Master Agreement continued.

The conclusion by the Tribunal reads:

“The Tribunal concludes that the “RD4″  collective agreement remained valid under the Trade Disputes Act and was in force at the time this dispute arose between the parties.” 

See full document of ruling here:

.FASA RULING ON CBA 2022 

Earlier news:

https://fijisun.com.fj/2020/07/02/employment-relations-court-to-rule-on-ats-workers-case-next-week/

https://fijisun.com.fj/2020/07/14/court-dismisses-federated-airline-staff-associations-summons/

 

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