GAGA Company has 1000 employees including administration and operation employees. Kesatuan Sekerja Pekerja Operasi (KSPO) was established and recognized by employers to protect the welfare of employees at work. On May 18, 2021, KSPO invited employers to commence collective bargaining. The unions wanted to hold collective bargaining because of the shortage of employees which forced them to work overtime. Trade unions want to hold collective bargaining because of a shortage of workers that forces them to work overtime. Given that operating employees have to work overtime, the KSPO would like to negotiate with employers regarding the issue of hiring new employees. The selection process will be done by the operations division. This is because when the operations division itself makes a selection of new employees, it can help and support an employee in the operation. However, KSPO received a response on June 1, 2021, whereby the employer reluctant to implements the collective bargaining. KSPO decides to report to the Industrial Relations Department on the reluctance of the employer to commence to the collective bargaining.

Based on the above scenario, answer all questions as follows:

a) According to Industrial Relations Act 1967, explain the collective bargaining process in Malaysia. Support your answer with appropriate sections and acts.

b) Does the Kesatuan Sekerja Pekerja Operasi (KSPO) have the eligibility and authority to invite employers for collective bargaining? Justify your answer with appropriate sections and acts.

c) Based on your answer in (b), does the invitation of collective bargaining made by Kesatuan Sekerja Pekerja Operasi (KSPO) be legally binding on Malaysia employment? Justify your answer with appropriate sections and acts.