STAR PUBLICATIONS (M) BERHAD
NATIONAL UNION OF JOURNALISTS MALAYSIA AGREEMENT OF 2004
THIS AGREEMENT is made on the 12th day of July, Two thousand and five (2005) between STAR PUBLICATIONS (MALAYSIA) BERHAD, a Company incorporated in Malaysia and having its registered office at No. 13, Jalan 13/6, 46200, Petaling Jaya, Selangor Darul Ehsan (hereinafter referred to as “the Company”) of the one part and the NATIONAL UNION OF JOURNALISTS MALAYSIA, a trade union registered under the Trade Unions Act, 1959, and having its registered office at 30-B, Jalan Padang Belia, Off Jalan Tun Sambanthan, 50470 Kuala Lumpur (hereinafter referred to as “the Union”) of the other part.
WHEREAS the parties hereto were parties to a Collective Agreement dated the 8th day of November 2001 providing for the terms and conditions of service of the members of the Union in employment of the Company;
AND WHEREAS the said Collective Agreement has been determined and the Union has made claims on the Company by a notice dated the 20th of November 2003, under the Industrial Relations Act, 1967, for a new Collective Agreement; for a new Collective Agreement; AND
WHEREAS the Company and the Union have entered into negotiations for a new Collective Agreement and have reached agreement on the terms and conditions of service of the employees as hereinafter set forth;
NOW IT IS HEREBY AGREED AND DECLARED between the Company and the Union as follows:
CLAUSE 1 - TITLE
This Agreement shall be known as “STAR PUBLICATIONS (MALAYSIA) BERHAD - NATIONAL UNION OF JOURNALISTS MALAYSIA AGREEMENT OF 2004″.
CLAUSE 2- INTERPRETATION
In this Agreement unless the context otherwise requires:
“journalist” means a person principally engaged as a reporter, sub-editor, or feature writer in journalistic duties but does not include a cadet journalist;
“editorial artist” means a person who is substantially occupied in preparing for publication; photographs, drawings, layouts, maps, plans, diagrams, decorations, letterings, borders, backgrounds or other similar embellishments and in preparing and drawing illustrations of a non-creative nature but shall not include a creative artist, cartoonist or cadet artist;
“creative artist” means a person who is substantially occupied in producing original drawings of any kind, or in creative art, and includes a cartoonist;
“photographer” means a person who is principally engaged in taking and preparing photographs for publication but does not include a cadet photographer;
“cadet journalist”, “cadet editorial artist”, “cadet creative artist” and ”cadet photographer” hereinafter collectively referred to as “cadets” mean respectively a person undergoing training as a journalist, editorial artist, creative artist or photographer;
“employee” means a journalist, editorial artist, creative artist, photographer or cadet who is in the regular employment of the Company on its daily newspapers or other publications but does not include those employed on temporary basis or those employed after retirement;
”newspapers” mean the Company’s daily and Sunday newspapers as may be published by the Company;
”publications” mean such of the Company’s periodical publications other than newspapers as may be published by the Company from time to time;
Words importing the masculine gender include females; Words in the singular include the plural and words in the plural include the singular.
CLAUSE 3 - SCOPE OF AGREEMENT
(i) This Agreement shall apply to all employees except those employed in the following capacities: (a) managerial capacity (b) executive capacity (c) confidential capacity (d) security capacity and persons holding the following posts:-
Group Chief Editor, Managing Editor, Legal Officer/Editorial Consultant, Editorial Manager, Special Features Manager, Associate Editor & Special Assistant to Group Chief Editor, Associate Editor & Special Assistant to Managing Editor, Associate Editor, Executive Editor, Business Editor, Chief News Editor, News Editor, Deputy News Editor, Sports Editor, Deputy Editor, Sports, Sunday Star/Special Projects Editor, Production Editor, Editor, In-Tech, Editor, StarTwo, Editor, Galaxie, Editor, Shang Hai, Editor, StarWeekend, Editor, Bahasa Malaysia Publications, Racing Editor, Chief Sub-editor, Chief Photographer, Bureau Chief, Chief Reporter, Chief Reporter, Sports, Chief Editorial Artist, Assistant Chief Photographer, Assistant Chief Sub-editor, Assistant Chief Sub-editor, StarTwo, Assistant to Executive Editor, Assistant Editor, Assistant Editor, Sunday Star, Assistant News Editor, Editorial Executive, Senior Writer
or any combination of posts mentioned in this paragraph, or any post of a journalistic nature superior to any of the said posts.
(ii) An employee who is not a member of the Union shall not be employed by the Company on terms more favourable than those provided for employees herein.
(iii) This Agreement shall not apply to an employee who has been appointed by the Company to be a non-bargainable staff and in such an event, the Union would be informed of any such appointment.
CLAUSE 4 - COMMENCEMENT AND DURATION
Except as otherwise provided herein, this Agreement shall -
(a) have effect from the 1st day of February 2004; and
(b) remain effective up to and including the 31st day of January 2007; and
(c) thereafter continue in force until it is replaced by another Collective Agreement or until it is determined on the expiry of three or more months from the date on which the one party gives to the other written notice of the termination hereof and, without notice of the termination hereof and, without prejudice to paragraph (b) of this Clause, the said notice may be given not earlier than the 30th October 2006, and not after the expiry of the period mentioned in the said paragraph (b).
