Trade Dispute : Collective agreement - Article 39 (Bonus) - Union's claim for hotel to pay fixed amount declared for bonus payment - Whether bonus payment amount based on performance - No complaints from employees or official protests from union - Whether payment of variable bonus merely exercise of hotel's discretion

This was a Ministerial reference under s 26(2) of the Industrial Relations Act 1967 arising out of the trade dispute between the union and the hotel. The union contended that the dispute in this reference concerned the issue of bonus payment for 2013, in respect of art 39 (Bonus) contained in the 7th Collective Agreement ('CA') between the union and the hotel. The Union contended that bonus payment in the past was based on the hotel's discretion and profits related, and not based on work performance. The union further contended that the hotel's action was unilateral in nature against art 39 on the bonus payment, as reflected in the CA. The hotel argued that for the year ended 2010, there was no standard bonus amount paid for all the employees. For 2010