JUDGMENT

Richard Malanjum CJSS:

Preliminary

[1] This is an appeal by the National Union of Hotel, Bar and Restaurant Workers, Peninsular Malaysia against the decision of the Court of Appeal dated 2 September 2014. The Court of Appeal upheld the decision of the High Court, inter alia, quashing the Award of the Industrial Court dated 8 April 2011 (Award No 468 of 2011 - the Award).

[2] Leave to appeal to this court was granted to the appellant on 2 September 2014 on a Leave Question that reads:-

"Whether a collective agreement or terms and conditions of employment can be unilaterally imposed by an employer on a union without going through the collective bargaining process provided for in the Industrial Relations Act 1967."

Background Facts

[3] The respondent, Shangri-La Hotels (M) Bhd, owns and operates Shangri-La's Rasa Sayang Resort and Spa (the New Hotel) at Batu Feringgi, Penang. It was formerly known as Shangri-La's Rasa Sayang Resort (the Old Hotel).