Labour Law : Collective agreement - Interpretation - Collective agreement between hotel and hotel workers' trade union - Hotel closing for redevelopment and commercial repositioning - Previous workers of Hotel retrenched due to closure of hotel - Supplementary Agreement executed between employer and union providing for continuation of collective agreement - Reopened hotel hiring and dealing with retrenched workers on new terms - Whether terms of previous collective agreement applicable - Whether employer could unilaterally impose terms and conditions upon union without going through collective bargaining process under Industrial Relations Act 1967

The respondent owned a hotel and resort ('the old hotel') and its employees were members of the appellant - a trade union. The respondent had entered into a collective agreement dated 19 June 2003 ('the CA') with the appellant. The respondent embarked on a major redevelopment and repositioning exercise of the old hotel into a new hotel and resort, which entailed a complete cessation of business and the closure of the old hotel from 1 December 2004. All employees represented by the appellant were retrenched. The employees were dissatisfied with the retrenchment and picketed. The respondent and the appellant entered negotiations and agreed on certain terms of retrenchment. Some 100 positions of various categories were to be offered to the retrenched employees on the opening of the new hot