Trade Dispute : Collective Agreement - Minimum wages and service charge - Partial conversion of service charges by Hotel to constitute minimum wages under Minimum Wages Order 2012 - Whether fundamental terms on salary and service charge could be unilaterally changed by hotel - Whether hotel had been in breach of Collective Agreement

This was a Ministerial reference made under s 26(2) of the Industrial Relations Act 1967 ('the IRA') arising out of the trade dispute in respect of "Minimum Wages & Service Charge Conversion" between Bayview Hotel Georgetown Penang ('the Hotel') and Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar dan Restoran, Semenanjung Malaysia ('the Union'). The dispute arose over the issue of the partial conversion of the service charges by the Hotel to constitute the minimum wages under the Minimum Wages Order 2012 ('MWO') whilst the parties were in the process of negotiating their 9th Collective Agreement ('the 9th CA'). The 1st collective bargaining meeting between the Hotel and the Union in respect of the 9th CA was held o