1.

0 Introduction
Malaysia, a democratic world has involved in variety process in this country such how to
elect the leader, how to getting the demand from the people and many more and it is
based on what the constitution stated. At the industrial aspect, it is binding with the
Parent Act such as Employment Act, Industrial Act 1967, and Trade Union 1959 as a
principle that must be follow in the process in the industry matters. The industrial is
mean that relating to industry which the people who are work with the industry, and the
things made by the industry. For the industry relation, it is mean that the relationship
between the employer and the employee in the industry. In other words, industrial
relations is used to denote the collective relationships between management and the
workers. Traditionally, the term industrial relations is used to cover such aspects of
industrial life as trade unionism, collective bargaining, workers participation in
management, discipline and grievance handling, industrial disputes and interpretation
of labor laws and rules and code of conduct.
The industry in Malaysia has practicing tripartite method which is involvement in
decision making where three parties involved such as employer, employee and the
government. This decision making system is start from the dispute between employer
and employee in the industry that had problem to be solve such as demand from the
employee in term of condition of works, appropriate resting time and etc. From that, the
dispute will brought to the higher level where the government acts as Industrial Court to
give the best solution for both parties. Furthermore, in the industry will have Trade
Union where it is represent the member's demand in the particular industry.






2.0 Collective Bargaining
Collective bargaining can be done by after getting the recognition by the employer or
trade union of employer. The Collective Bargaining is means that the process to
negotiate which one way where employee through the trade union can formally
participate in the managerial decision process. According to the Section 13(1), the
employees association can apply the collective bargaining after the trade union of
employer been accorded the recognition to them. Mostly in Malaysia, collective
bargaining are focus on economic issue, but it could be further expanded to include a
host of order areas relating to the welfare of workers especially in the areas of safety
and security scheme. At the process of collective bargaining, there are involve by two
parties which between the employee and their employer in negotiate their demand and
interest.











3.0 The factor that causing the Failure and Success of Collective Agreement
3.1 Failure Cause
- Confliction to the Parent Act ( EA,TUA, IRA)
- External factor
- Disconsideration upon making decision/agreement
- Illegal Recognition of the Trade Union
- Managerial Propragative

3.2 Success
- Negotiate technique
- Have a knowledge to demand
- Intra vires in collective bargaining
- Involvement by the government in stressing particular agenda in the country
This success of collective bargaining also due to participation by the government in
stressing particular agenda in the country. The government will take apart to decide
which solution are the best for both parties. For example, the government has decided
to put RM900 a month as the minimum wage in Malaysia. Hence, the employer must
supportive towards the decision that have be made by the government. The problem
are usually happen in the industry have not follow yet the governments decision and
when the trade union want to negotiate for RM900 a month as minimum wage, the
employer are refused to accepted. Thus, the government will be mediator to solve this
dispute. The collective bargaining must be accepted by the employer which the content
of negotiate are really been focus by the government.
- Win-win situation