INDUSTRIAL COURT OF MALAYSIA
CASE NO: 23/2-341/11
SARAWAK BANK EMPLOYEES' UNION
SARAWAK COMMERCIAL BANKS ASSOCIATION
AWARD NO: 761 OF 2012
SUMMARY OF THE CASE
According to the case the dispute is between Sarawak Bank Employees' Union (''the Union'') and Sarawak Commercial Banks Association (''the Association''). The dispute is over the incorporation of ''higher similar benefits'' by way of variation into the 12th Collective Agreement for the period commencing 1st January 2009 and ending on 31st December 2011, which has been given cognizance by the Court. This case was referring by the Honourable Minister of Human Resources made under section 26(2) of the Industrial Relations Act 1967. This case represents by Mr Andrew Lo Kian Nyan together with Mr Denis Aidan @ Faisal and Ms Teresa Wong for the Union and Mr Leonard Shim together with Mr Nicholas Wung of Messrs Reddi & Co. for the Banks Association. In this case, the Sarawak Union was concerned about the Association conferring higher benefits on employees in Peninsular Malaysia and Sabah. However, the said Memorandum was not deposited in Court and did not receive cognizance. In order to overcome the Union's concern, the parties prior to executing the 12th.Collective Agreement, on 8th. March 2010 entered into a ''Memorandum of Agreement'' (''the said Memorandum'') whereby the Association agreed to extend to the Union any ''higher similar benefit'' given to Peninsular Malaysia and Sabah. This dispute has been referred to the Industrial Court as a trade dispute under section 26(2) of the Act. For the conclusion, by a majority the Union's prayer to extend the four similar higher benefits to Sarawak by way of variation of the 12th Collective Agreement under section 17(2) of the Act is dismissed.
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