Unions and employers should only refer their disputes for arbitration when they have failed to resolve them through the grievance procedure or conciliation at the Ministry of Manpower. The disputes may be referred for arbitration in the following manner :
1. Joint Application
The union and employer jointly submit a dispute arising out of or outside of a CA for arbitration.
2. Ex-parte Application
Either union or employer may refer any of the following for arbitration :
- dispute over wages (eg. NWC recommendations), AWS, bonus/variable payment, or transfer of employment
- apply for referee of the Court to hear dispute arising out of CA or award
- seek an interpretation of CA or award to remove ambiguity/uncertainty
- seek an Order to prevent non-compliance with CA or award or a provision of the Act.