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CHAPTER 7: COLLECTIVE AGREEMENT - Coggle Diagram
CHAPTER 7: COLLECTIVE AGREEMENT
Penalty
S56 (3) of IRA
Be liable to a fine not exceeding RM2,000 or to imprisonment for a term not exceeding 1 year, or both
Enforcement
S56 (4) of IRA,
where a person fails to comply with the order of the industrial court to pay any sum of money or not to do anything
Contents of CA (S14 of IRA)
Include a procedure for modification and termination
6.Specify the procedure to be used to settle any dispute over the interpretation and implementation of the agreement
Specify duration of the agreement, cannot be less than 3 years
Specify the name of the parties to the agreement
Not include items of managerial prerogatives
Set out the terms of the agreement
1) Be in writing and signed by parties
Ways collective agreement existence
b)Through an award under S26(1) or S26(2) of IRA 1967
a) By mutual agreement,
Definition
A document that essentially contains the terms and conditions of employment of a group of employees
IRA (1967):
“Collective Agreement” means an agreement in writing concluded between an employer or a trade union of employers on the one hand a trade union of workmen
Items in Collective Agreement
B. Items to be considered
Signed supplementary memoranda with a covering letter stating
Simple and unambiguous wording
A clause states any current agreement will remain in force until a new agreement is signed
Language used must be understandable
A. Items to be included
Union security - include check-off clause
Compensation and benefits
1.Recognition
Existing benefits
Procedures
i. Internal advertising for job posting
ii. Disciplinary and dismissal
iii. Processing grievance (complaint)
iv. Consultation on workforce issue
v. Claims of sexual harassment
Deposit of Collective Agreement
Section 16
parties who successfully negotiated for a new collective agreement, must jointly deposited with the Registrar of the industrial court within 1 month from the date of the agreement
Industrial Court may at its discretion
Refuse to take cognisance of the collective agreement deposited if the agreement does not comply with S14
Be amended in such manner as the Court may direct
Under S16(3) of IRA
Any party fails to carry out modification as directed by the IC, the Court may amend the copy of the agreement
Collective Agreement Awarded by the Industrial Court
Dispute on CA is not resolved
a. S26(1),
Dispute to the IC on joint request in writing by the TU and employer
b. S26(2),
Dispute to the IC if he is satisfied that it is expedient to do so
S30(4)
After hearing the case presented by parties, the IC will hand down an award, which contains its decisions.
Mis-interpretation of Collective Agreement
S33(1)
If any question arises as to the interpretation of any award
S33(2)
The purpose of removing ambiguity or uncertainty.
Decision Court shall be binding in the same manner as the original award
Non-compliance of Collective Agreement
S56 of IRA
Industrial Court receipt complaint
a. Make an order directing the party to comply with the term of the agreement
b. Make such order as it deems fit to make proper rectification
c. Make such order as it considers desirable
Effect of Collective Agreement
Implied term of the contract between employer and employee
S17 of IRA & S32(1)
All workmen who are employed or subsequently employed
The parties to the agreement including in any case where a party is a TU of employers