Trade dispute : Minimum wage - Employer hotel unilaterally coverted part of service charge in collective agreement - Whether employer had power to impose unilateral terms and conditions - Whether employer allowed to use service charge top up model for restructuring of the minimum wages - Whether employees have to be paid minimum wages from employer's own funds without recourse to service charge

The instant trade dispute reference was made under s 26(2) of the Industrial Relations Act 1967 (the IRA) between Asia Garden Sdn Bhd (Holiday Inn Resort Penang) ('the Hotel') and Kesatuan Kebangsaan Peker ja-Peker ja Hotel, Bar dan Restoran, Semenanjung Malaysia ('the Union') in respect of "Pelaksanaan Penyusunan Semula Gaji Bagi Pematuhan Peruntukan Gaji Minimum" between the Hotel and the Union. In 2011, the National Wages Consultative Council Act 2011 was passed. Pursuant to the 2011 Act, the Minimum Wage Order 2012 was passed which fixed the minimum wage as RM900.00 per month in Peninsular Malaysia. It was alleged that the Union had refused to accede to a restructuring of wages i