THIS QUESTION IS ABOUT MALAYSIA TRADE UNION ACT 1959

TUTORIAL

Saravanan is an employee of COOKED Company and holds a 5 years' account clerk. He has a high loyalty to the organization in which he wants to ensure that no conflict or industrial dispute exists amongst employees. Using the existing knowledge, he has highlighted the issue of existing Collective Agreement (CA) that did not give benefit the employees of the COOKED Company.

He is also a member of the Administrative Trade Union (ADTU) in the COOKED Company. He found that the existing CA between ADTU and employers was incomplete. He has proposed to the head of trade union to review the contents of CA and insert new items so that the CA is better and meets the requirements of employees at COOKED Company.

As a result of the discussion, the head of trade union asked Saravanan to make an invitation to the employer to, do the collective bargaining. He has made a face-to-face and verbal invitation with the employers on 1st July 2021. During the waiting period of invitation from the employer, he has prepared invitations letter and proposal to be discussed in a collective bargaining with the employers if they agreed. On July 16, 2021, employers refused ADTU's invitation to do the Collective Bargaining (CB).

QUESTIONS

1. Does Saravanan have the authority to invite employers to do a Collective Bargaining? Justify your answer.

2. Based on the above case, is Saravanan doing the invitation procedure correctly? Please justify your answer with appropriate Section and Acts.