Industrial Relations Amendment Act (No. 2) 1976
Industrial Relations Amendment Act (No. 2) 1976
Industrial Relations Amendment Act (No. 2) 1976
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Industrial Relations Amendment Act (No. 2) 1976
Public Act |
1976 No 63 |
|
Date of assent |
25 November 1976 |
|
Contents
An Act to amend the Industrial Relations Act 1973
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Industrial Relations Amendment Act (No. 2) 1976, and shall be read together with and deemed part of the Industrial Relations Act 1973 (hereinafter referred to as the principal Act).
2 Power to proceed if any party fails to attend
The principal Act is hereby amended by inserting, after section 30, the following section:
“30a
If, without good cause shown, any party to proceedings before the Commission fails to attend or be represented, the Commission may proceed and act as fully in the matter before it as if that party had duly attended or been represented.”
3 Registrar and officers of the Court
(1)
Section 35 of the principal Act is hereby amended—
(a)
By inserting in subsection (1), after the words “a Registrar of the Industrial Court”
, the words “a Deputy Registrar of the Industrial Court,”
:
(b)
By inserting in subsection (2), after the words “and the office of”
, the words “the Deputy Registrar of the Industrial Court or of”
.
(2)
Section 2(1) of the principal Act is hereby amended by adding to the definition of the expression “Registrar of the Court”
the words “and includes the Deputy Registrar”
.
4 Appointment of nominated members of Court
(1)
Section 40 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsections:
“(2)
One of the nominated members shall be appointed on the recommendation of the central organisation of employers, and one shall be appointed on the recommendation of the central organisation of workers.
“(3)
No person shall be appointed as a nominated member of the Court if he is a member of the Commission.
“(4)
If any nominated member of the Court becomes a member of the Commission, he shall be deemed to have vacated his office as a member of the Court.”
(2)
The principal Act is hereby amended—
(a)
By inserting in section 42(2), after the words “his office under”
, the words “section 40(4) or”
:
(b)
By inserting in section 46(3), after the words “or resigns”
, the words “or vacates his office under section 40(4) of this Act”
.
(3)
The persons holding office at the commencement of this section as members of the Industrial Commission appointed under paragraph (b) or paragraph (c) of section 17(3) of the principal Act and as nominated members of the Industrial Court appointed under section 40 of that Act—
(a)
Shall on the commencement of this section be deemed to have vacated office as members of the Industrial Commission; and
(b)
Shall, subject to section 46 of this Act, continue in office after the commencement of this section as nominated members of the Industrial Court for the term for which they were so appointed.
(4)
This section shall come into force on a date to be fixed by the Governor-General by Order in Council.
5 Court may delegate functions to a Magistrate
Section 48(1) of the principal Act is hereby amended by adding the words (“including the power to deal with any offence in respect of which it is provided in this Act that any person is liable on conviction by the Industrial Court”
).
6 Industrial Conciliation Service
(1)
Section 63 of the principal Act is hereby amended by omitting from subsection (4)(d) the word “compulsory”
.
(2)
Section 63 of the principal Act is hereby further amended by repealing subsection (7), and substituting the following subsection:
“(7)
The Governor-General may from time to time appoint a conciliator in a temporary capacity to hold office for such period, being less than 3 years, as may be specified in his commission. A person so appointed shall have all the powers and jurisdiction of a conciliator.”
7 Application to refer dispute to conciliation council
Section 68 of the principal Act is hereby amended by repealing subsection (8), and substituting the following subsection:
“(8)
As soon as practicable after the making of the application, and in any case not later than 6 weeks before the date appointed by the conciliator for hearing the dispute, the Registrar of the Commission shall forward to—
“(a)
The conciliator; and
“(b)
Each of the central organisations; and
“(c)
The union, association, organisation, or person acting as agent for the respondents, or, where there is no such agent, the cited respondents—
copies of the application incorporating a statement of the applicants’ claims.”
8 Statement by respondents
(1)
Section 70(1) of the principal Act is hereby amended by omitting the word “conciliator”
where it secondly occurs, and substituting the words “Registrar of the Commission”
.
(2)
Section 70 of the principal Act is hereby further amended by repealing subsection (2), and substituting the following subsection:
“(2)
The Registrar shall forward copies of the statement
“(a)
The conciliator; and
“(b)
Each of the central organisations; and
“(c)
The union, association, organisation, or persons acting as agent for the applicants.”
9 Action where conciliator cannot constitute conciliation council
The principal Act is hereby amended by inserting, after section 72, the following section:
“72a
“(1)
Notwithstanding anything in section 72 of this Act, where the conciliator is unable, whether by reason of the failure of the respondents to recommend any persons or any persons qualified in terms of subsection (1) of that section for appointment as assessors or for any other reason whatsoever, to constitute a conciliation council, he shall inform the Commission accordingly.
“(2)
Where the Commission is informed by the conciliator that he is unable to constitute a conciliation council, the Commission shall, notwithstanding any other provision of this Act,—
“(a)
Determine the manner in which the conciliation council is to be constituted and may, for that purpose,—
“(i)
Give such directions incidental thereto as it thinks fit; or
“(ii)
Call on the services of any mediator or other person; or
“(b)
Treat the dispute as referred to the Commission under section 84 of this Act.
“(3)
Where the Commission decides that any action taken by it under subsection (2)(a) of this section has not resulted and is not likely to result in the constitution of a conciliation council, the Commission may treat the dispute as referred to the Commission under section 84 of this Act.”
10 Conciliated settlements
(1)
Section 82(6) of the principal Act is hereby amended by omitting the words “after becoming so bound”
, and substituting the words “after the date of registration of the agreement”
.
(2)
Section 82 of the principal Act is hereby further amended by adding the following subsection:
“(9)
For the purposes of this Act and of every other enactment and of any document whatsoever,—
“(a)
The registration under this section by the Industrial Commission of a collective agreement shall be deemed to be the making of an award; and
“(b)
Every collective agreement so registered shall be deemed to be and be known as an award made by the Industrial Commission.”
(3)
This section shall be deemed to have come into force on the 8th day of March 1974.
(4)
Nothing in this section shall affect the rights of the parties under any judgment given in any Court before the passing of this Act, or under any judgment given on appeal from any such judgment, whether the appeal is commenced before or after the passing of this Act.
(5)
All prosecutions in respect of offences committed before the passing of this Act and all actions for the recovery of penalties in respect of breaches of awards or collective agreements, being breaches that have occurred before the passing of this Act, shall be taken and dealt with as if this section had not been passed.
11 Subsequent parties to agreement
Section 83(3) of the principal Act is hereby amended by omitting the words “after the date of registration of the agreement”
, and substituting the words “after becoming so bound”
.
12 Power to add parties outside locality of award or collective agreement
The principal Act is hereby further amended by inserting, after section 83, the following section:
“83a
“(1)
Subject to this section, the Commission may at any time during the currency of an award or of a collective agreement registered by the Commission under section 82 of this Act extend the award or agreement so as to add as a party thereto any union, association, or employer who is connected with or engaged in the industry to which the award or agreement relates outside the locality in which the award or agreement has effect.
“(2)
Where the Commission makes an order under subsection (1) of this section, it shall also make a further order extending the locality to which the award or agreement relates.
“(3)
The power conferred on the Commission under this section may be exercised on the application of any party bound by the award or agreement.
“(4)
At least 30 days’ notice of every such application shall be served on the duly authorised agents of the parties to the industrial dispute settled by the award or agreement, and on every union, association, or employer to whom it is desired that the award be extended.
“(5)
Any such application may be made to the Commission direct, without previous reference to a conciliation council.
“(6)
The Commission, in its discretion, may grant any such application either wholly or partly and either unconditionally or upon or subject to such conditions as the Commission thinks fit, or may refuse any such application.”
13 Qualified preference abolished
(1)
Section 98 of the principal Act is hereby amended by omitting the definition of the term “qualified preference provision”
.
(2)
Section 102 of the principal Act is hereby repealed.
(3)
Section 103 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
Notwithstanding anything in this Act or in any other enactment, neither the Department of Labour nor any Inspector of Awards and Agreements or other officer of the Public Service shall be charged with the duty of seeing that—
“(a)
Any unqualified preference provision or, while it continues in force pursuant to section 13(4) of the Industrial Relations Amendment Act (No. 2) 1976, any qualified preference provision in any award or collective agreement; or
“(b)
Any provision in any award or collective agreement requiring any employer to supply a list of employees to whom the instrument applies—
is duly observed, or of taking any action to recover any penalty in respect of the breach of any such provision.”
(4)
Notwithstanding subsections (1) and (2) of this section and section 146a of the principal Act (as inserted by section 26 of this Act), where any award or collective agreement contains at the commencement of this Act a qualified preference provision, that provision shall continue to have effect until the expiry of the currency of that award or collective agreement, and may be enforced, as if this Act had not been passed.
14 Preference to be obtained only by virtue of an unqualified preference provision
(1)
The principal Act is hereby amended by inserting, after section 98, the following section:
“98a
“(1)
No member of a union shall be entitled to preference in obtaining employment for any work by virtue of his membership of that union.
“(2)
No award or collective agreement shall contain a provision requiring any worker engaged or employed by an employer bound by the award or agreement to join any union or any society to which Part X of this Act applies.
“(3)
Nothing in this section shall prevent an unqualified preference provision being inserted in an award or collective agreement in accordance with the provisions of this Act or prevent any such provision so inserted from having effect according to its tenor.”
(2)
Section 98 of the principal Act is hereby consequentially amended by omitting the expression “99”
, and substituting the expression “98a”
.
15 Provision for unqualified preference in awards and collective agreements
(1)
Section 99 of the principal Act is hereby amended by repealing paragraph (b), and substituting the following paragraphs:
“(b)
Not less than 50 percent of the adult workers who, on the making of the award or agreement, will be bound by it desire the insertion in it of an unqualified preference provision; or
“(c)
In the case of a voluntary settlement of a dispute of interest arrived at under section 65 of this Act and registered by the Commission as a collective agreement, the insertion of such a provision has been agreed to by the parties; or
“(d)
In the case of a composite agreement (as defined for the purposes of section 66 of this Act) registered by the Commission, the insertion of such a provision has been agreed to by the parties.”
(2)
Section 100(1) of the principal Act is hereby amended by omitting the words “workers becoming or remaining members of the union”
, and substituting the words “insertion in the award or collective agreement of an unqualified preference provision”
.
16 New sections inserted
The principal Act is hereby amended by inserting, after section 101, the following sections:
“101a Minister may require ballot
“(1)
The Minister may from time to time, by notice to the Registrar, require a ballot to be conducted of the adult workers who will, if an unqualified preference provision is inserted or continues to be inserted in any award or collective agreement (including an award or collective agreement to be made in substitution for any existing award or collective agreement), be bound to become or remain members of a union of workers bound by the award or collective agreement.
“(2)
The Minister shall, before issuing a notice under subsection (1) of this section,—
“(a)
Inform the organisation known as the New Zealand Federation of Labour of his proposal to issue the notice and of his reasons for that proposal; and
“(b)
Give the Federation a reasonable opportunity of consulting with him with regard to the issue of the notice.
“(3)
The effect of an unqualified preference provision shall be set out on each ballot paper.
“(4)
A ballot shall not be conducted pursuant to this section in respect of any award or collective agreement if, during the 3 years preceding the date on which it is to be conducted, a certificate showing the result of an earlier ballot conducted pursuant to this section in respect of that award or collective agreement or the award or collective agreement it superseded was issued by the Registrar.
“101b Conduct of ballot required by Minister
“(1)
Every ballot conducted pursuant to section 101a of this Act shall be conducted by the Registrar, or by some person being an officer of the Department of Labour designated by him in that behalf.
“(2)
The roll of persons eligible to vote on every such ballot shall be compiled by the Registrar or designated person.
“(3)
The union shall at its own expense supply to the Registrar or designated person at his written request a list containing as far as is reasonably practicable the correct names and postal addresses of all persons who are entitled to vote, and as many additional copies of that list as he may reasonably require.
“(4)
For the purpose of checking any such list or of ascertaining any other persons entitled to vote, the Registrar or designated person shall have the powers of an Inspector under subsections (2) and (3) of section 219 of this Act.
“(5)
The Registrar or designated person shall compile a provisional roll and for that purpose may adopt the list supplied by the union with such amendments (if any) as he thinks fit. For the purpose of ensuring the completeness of the roll the Registrar or designated person may, in his discretion, advertise that the roll is being compiled.
“(6)
The Registrar or designated person shall determine all questions regarding the compilation of the roll but may if he thinks fit refer any such question to the Industrial Court for determination by that Court which shall have power to determine it accordingly.
“(7)
When the Registrar is of the opinion, having regard to the circumstances, that the roll is reasonably complete he shall declare it closed and it shall then be used for the purposes of the ballot.
“(8)
Unless the Registrar or designated person otherwise determines, every ballot conducted pursuant to section 101a of this Act shall be a postal ballot.
“(9)
Subject to this Act and to any regulations made under this Act, every ballot conducted pursuant to section 101a of this Act shall be conducted in such manner as the Registrar or designated person thinks fit.
“(10)
The Registrar shall issue a certificate showing the result of the ballot and shall supply one copy of that certificate to the Commission and another to the union. Every such certificate shall be conclusive evidence of the result of the ballot.
“(11)
The expenses incurred by the Registrar or designated person in connection with the conduct of every such ballot shall be paid out of money to be appropriated by Parliament for the purpose.
“(12)
Notwithstanding anything in the rules of the union, the Registrar may take such action and give such directions as he considers necessary to prevent the occurrence of any irregularity in or in connection with the ballot.
“(13)
In this section the term ‘designated person’ means any person designated under subsection (1) of this section to conduct a ballot pursuant to section 101a of this Act on behalf of the Registrar.
“101c Failure by union to supply list required for purposes of ballot
“(1)
Where any union fails to comply with subsection (3) of section 101b of this Act, the Registrar or designated person may give written particulars of that failure to the Commission which shall, if it is satisfied, after giving the union an opportunity to be heard, that there has been a wilful and substantial failure on the part of the union to comply with that subsection, and notwithstanding anything in sections 99 to 101 of this Act,—
“(a)
Refuse to insert an unqualified preference provision in the relevant award or collective agreement (or in any award or collective agreement made in substitution for the relevant award or collective agreement) until that failure is remedied; and
“(b)
If an unqualified preference provision is already inserted in the relevant award or collective agreement, amend that award or collective agreement by deleting that provision from it.
“(2)
Paragraph (b) of subsection (1) of this section shall apply notwithstanding the provisions of section 97 of this Act.
“101d Implementation of ballot
“(1)
Notwithstanding anything in sections 99 to 101 of this Act, where not less than 50 percent of the valid votes recorded in any ballot conducted pursuant to section 101a of this Act are in favour of the insertion in any award or collective agreement of an unqualified preference provision, the Commission shall insert or shall continue to insert such a provision in that award or collective agreement (and in any award or collective agreement made in substitution for that award or collective agreement), at the time of its making or registration or by way of amendment, as the case may require, without requiring further evidence as to the matters specified in paragraph (b) of section 99 of this Act, unless that percentage of valid votes in favour of the insertion of an unqualified preference provision is not attained in any subsequent ballot required by the Minister pursuant to section 101a of this Act.
“(2)
Notwithstanding anything in sections 99 and 100 of this Act, where less than 50 percent of the valid votes recorded in any ballot conducted pursuant to section 101a of this Act are in favour of the insertion in any award or collective agreement of an unqualified preference provision,—
“(a)
The Commission shall not insert such a provision in that award or collective agreement (or in any award or collective agreement made in substitution for that award or collective agreement) unless that percentage of valid votes in favour of the insertion of an unqualified preference provision is attained or exceeded in any subsequent ballot required to be conducted pursuant to section 101a of this Act; and
“(b)
Where such a provision is already inserted in that award or collective agreement at the time of the delivery to the Commission of the copy of the certificate required to be delivered to the Commission pursuant to section 101b(10) of this Act, that provision shall cease to have effect on the day following the delivery of that certificate and the Commission shall amend the award or collective agreement by deleting that provision from it.
“(3)
This section shall apply notwithstanding the provisions of section 97 of this Act.
“101e Offences in relation to ballots
“(1)
Every person commits an offence who, without lawful authority or excuse, in or in connection with a ballot conducted pursuant to section 101a of this Act,—
“(a)
Personates another person to secure a ballot paper to which the personator is not entitled, or personates another person for the purpose of voting:
“(b)
Destroys, defaces, alters, takes, or otherwise interferes with a ballot paper or envelope:
“(c)
Puts a ballot paper or other paper into a ballot box or other ballot receptacle, or into the post:
“(d)
Records a vote which he is not entitled to record.
“(2)
Every person commits an offence who—
“(a)
Gives any money or other valuable consideration to any person entitled to vote in a ballot conducted pursuant to section 101a of this Act in order to induce any such person to vote or refrain from voting; or
“(b)
Refuses or fails to comply with a direction of the Registrar or the designated person under section 101b of this Act; or
“(c)
Obstructs or hinders the Registrar or the designated person in the taking of any action under section 101b of this Act or any person in the carrying out of a direction given by the Registrar or the designated person under that section; or
“(d)
Intimidates or attempts to intimidate any worker with intent to influence his voting in any ballot conducted pursuant to section 101a of this Act.
“(3)
Every person who commits an offence against this section shall be liable on summary conviction to a fine not exceeding $200.”
17 Miscellaneous exemptions
(1)
The principal Act is hereby amended by inserting, after section 112, the following section:
“112a
“(1)
Notwithstanding anything in this Act or in any unqualified preference provision within the meaning of section 98 of this Act, no person shall be obliged for the purposes of any employment in respect of which an award or collective agreement is in force to become or remain a member of any industrial union if—
“(a)
His earnings by way of commission in that employment amount, over any year of employment or proposed employment, to more than one half of his earnings in that employment; or
“(b)
He is, and his duties in that employment require him to be, the holder of a qualification specified for the time being in Schedule 1a to this Act.
“(2)
The Governor-General may from time to time, by Order in Council, add any qualification to or omit any qualification from Schedule 1a to this Act or otherwise amend that Schedule, or revoke any such Schedule and substitute a new Schedule, and every such Order in Council shall have effect according to its tenor.”
(2)
The principal Act is hereby amended by inserting, after the First Schedule, the Schedule 1a set out in the Schedule to this Act.
18 Provision for disputes of rights
Section 115 of the principal Act is hereby amended by adding the following subsection:
“(4)
Where any party to a dispute of rights fails to observe the procedure laid down in the clause set out in section 116 of this Act or in any other clause inserted in the award or collective agreement pursuant to subsection (3) of this section, any party to the dispute may refer it to the Industrial Court for settlement.”
19 Settlement of personal grievances
Section 117 of the principal Act is hereby amended by inserting, after subsection (3), the following subsection:
“(3a)
Where any worker who considers that he has grounds for a personal grievance is unable to have his grievance dealt with or dealt with promptly because of a failure on the part of the worker’s union or the employer or any other person to act or to act promptly in accordance with the procedure applicable under the provision included or deemed to be included in the award or collective agreement, that worker may, with the leave of the Industrial Court and notwithstanding anything in that procedure, refer it to that Court for settlement and paragraph (i) of subsection (4) of this section shall apply in respect of every grievance so referred. Leave under this subsection may be given subject to such conditions as the Court thinks fit.”
20 New section inserted
The principal Act is hereby amended by inserting, after section 124, the following section:
“124a Penalty for failure to observe disputes procedure
“(1)
Where a procedure for the settlement of disputes of rights is contained or deemed to be contained in any award or collective agreement, no person bound by the award or agreement shall become a party to, or incite, instigate, aid, or abet a strike or lockout concerning a matter that is within the disputes procedure.
“(2)
Where any dispute of rights has been duly settled in accordance with any procedure contained or deemed to be contained in any award or collective agreement, no person bound by the award or collective agreement shall become a party to, or incite, instigate, aid, or abet a strike or lockout concerning the decision reached on the dispute or the matter to which the dispute related.
“(3)
Every person who acts in contravention of subsection (1) or subsection (2) of this section shall be deemed to have committed a breach of the award or agreement; and shall be deemed to have committed a separate breach on every day on which the strike or lockout continues.
“(4)
Where there is a strike or lockout to which subsection (1) or subsection (2) of this section applies—
“(a)
Every union to which the workers who have struck, or the employers who have locked out, belong shall be deemed to have acted in contravention of subsection (1) or subsection (2) of this section, as the case may require, and shall be liable accordingly, if it is proved that any officer or member of the committee of management of the union—
“(i)
Advocated or suggested or connived at non-compliance with the disputes procedure or decision, as the case may be; or
“(ii)
Wilfully failed to inform any person bound by the award or agreement or any other officer or member of the committee of management of the union that the strike or lockout would be a breach of the award or agreement; or
“(iii)
Incited, instigated, aided, or abetted the strike or lockout; and
“(b)
Every person, being an officer or member of the committee of management of any such union or a person acting on behalf of an employer who has locked out in contravention of subsection (1) or subsection (2) of this section, shall be deemed to have acted in contravention of subsection (1) or subsection (2) of this section, as the case may require, and shall be liable accordingly, if it is proved that he committed any act mentioned in subparagraphs (i) to (iii) of paragraph (a) of this subsection.
“(5)
In any proceedings for a breach of an award or agreement under this section, it shall be a defence to prove that the strike or lockout was justified on the grounds of safety or health.
“(6)
Every person who fails to comply in any respect with—
“(a)
Any decision of a committee that is binding on him pursuant to subclause (5) of the clause referred to in section 115(1) of this Act or to any provision corresponding to that subclause and contained in a clause inserted or, as the case may be, deemed to be inserted in the relevant award or collective agreement pursuant to section 115(3) of this Act; or
“(b)
Any decision of the Industrial Court pursuant to subclause (6) of the clause referred to in section 115(1) of this Act or to any provision corresponding to that subclause and contained in a clause inserted or, as the case may be, deemed to be inserted in the relevant award or collective agreement pursuant to section 115(3) of this Act; or
“(c)
Any decision or award by way of a final settlement of a personal grievance that is binding on him pursuant to section 117(4)(i) of this Act,—
shall be deemed to have committed a breach of the relevant award or collective agreement.”
21 New sections substituted
The principal Act is hereby amended by repealing section 125, and substituting the following sections:
“125 Strikes and lockouts in certain essential industries
“(1)
Every person commits an offence and shall be liable on conviction by the Industrial Court to a fine not exceeding $150 who, being a worker employed in any of the industries to which this section applies,—
“(a)
Strikes without that worker or his union on his behalf having given to the worker’s employer, within one month before the date of commencement of the strike, not less than 14 days’ notice in writing, signed by him or on his behalf by his union of his intention to strike; or
“(b)
Strikes before the expiry of notice of intention to strike given by him or on his behalf under paragraph (a) of this subsection.
“(2)
A notice given by a union for the purposes of subsection (1) of this section need not specify by name the workers on whose behalf it is given if it is expressed to be given on behalf of all workers who are members of the union and who are employed in the industry or at any particular place or places at which the industry is carried on.
“(3)
Every person commits an offence and shall be liable on conviction by the Industrial Court to a fine not exceeding $1,500 who, being an employer engaged in any of the industries to which this section applies,—
“(a)
Locks out any workers who are employed in any of the industries to which this section applies without having given to those workers, within 1 month before the date of commencement of the lockout, not less than 14 days’ notice in writing, signed by him or on his behalf, of his intention to lock out; or
“(b)
Locks out, after notice of intention to lock out has been given by him or on his behalf under paragraph (a) of this subsection, but before the expiry of that notice, any of the workers to whom it was given.
“(4)
This section applies to the industries specified in the First Schedule to this Act. The Governor-General may from time to time, by Order in Council, amend the description of any industry so specified, or add to or omit from that Schedule the description of any other industry.
“(5)
Every person who incites, instigates, aids, or abets any offence against this section, or who incites, instigates, or assists any person who has struck or locked out in breach of this section to continue to be a party to the strike or lockout, commits an offence and shall be liable on conviction by the Industrial Court—
“(a)
If a worker or other person to whom the following paragraphs of this subsection do not apply, to a fine not exceeding $150:
“(b)
If an officer or member of the committee of management of any union or association, or of the branch (if any) concerned, to a fine not exceeding $700:
“(c)
If a person acting on behalf of an employer, to a fine not exceeding $700:
“(d)
If a union, association, or employer, to a fine not exceeding $1,500.
“(6)
In any proceedings for an offence against this section, it shall be a defence to prove that the strike or lockout was justified on the grounds of safety or health.
Compare: 1954, No. 72, s. 196; 1962, No. 52, s. 11
“125a Strikes and lockouts affecting export slaughterhouses
“(1)
Every person commits an offence and shall be liable on conviction by the Industrial Court to a fine not exceeding $150 who, being a worker employed in an export slaughterhouse within the meaning of the Meat Act 1964,—
“(a)
Strikes without that worker or his union on his behalf having given to the worker’s employer, within the 14 days before the date of commencement of the strike, not less than 3 days’ notice in writing, signed by him or on his behalf by his union, of his intention to strike; or
“(b)
Strikes before the expiry of notice of intention to strike given by him or on his behalf under paragraph (a) of this subsection.
“(2)
A notice given by a union for the purposes of subsection (1) of this section need not specify by name the workers on whose behalf it is given if it is expressed to be given on behalf of all workers who are members of the union and who are employed in the slaughterhouse.
“(3)
Every person commits an offence and shall be liable on conviction by the Industrial Court to a fine not exceeding $1,500 who, being the holder of an export slaughterhouse licence within the meaning of the Meat Act 1964,—
“(a)
Locks out any workers who are employed in the slaughterhouse to which the licence relates without having given to those workers, within 14 days before the date of commencement of the lockout, not less than 3 days’ notice in writing, signed by him or on his behalf, of his intention to lock out; or
“(b)
Locks out, after notice of intention to lock out has been given by him or on his behalf under paragraph (a) of this subsection, but before the expiry of that notice, any of the workers to whom it was given.
“(4)
Every person who incites, instigates, aids, or abets any offence against this section, or who incites, instigates, or assists any person who has struck or locked out in breach of this section to continue to be a party to the strike or lockout, commits an offence and shall be liable on conviction by the Industrial Court—
“(a)
If a worker or other person to whom the following paragraphs of this subsection do not apply, to a fine not exceeding $150:
“(b)
If an officer or member of the committee of management of any union or association or of the branch (if any) concerned, to a fine not exceeding $700:
“(c)
If a person acting on behalf of an employer, to a fine not exceeding $700:
“(d)
If a union, association, or employer, to a fine not exceeding $1,500.
“(5)
In any proceedings for an offence against this section, it shall be a defence to prove that the strike or lockout was justified on the grounds of safety or health.
“(6)
Any notice given for the purposes of subsection (1) or subsection (3) of this section may be withdrawn at any time before the expiry of the notice.
“(7)
Where any notice given for the purposes of subsection (1) of this section is withdrawn within 24 hours of the time when it expires and where, on the first working day following the expiry of the notice, work that is normally performed by the person by or on whose behalf the notice was given, or by any of the other parties to the intending strike, is not available for that person or those parties, the employer shall not be obliged to provide work for that person or those parties on that day or to pay them in respect of that day.
“(8)
Where any notice given for the purposes of subsection (3) of this section is withdrawn within 24 hours of the time when it expires,—
“(a)
The employer shall be obliged to pay every worker who attends for work on the first working day following the expiry of the notice even though the employer is unable to provide work for the worker on that day; and
“(b)
The employer shall not dismiss or take any other disciplinary steps against any worker who fails to attend for work on the first working day following the expiry of the notice.”
22 Application of disputes procedures of Part X of principal Act where union deregistered
(1)
Section 139 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
Where a dispute of the kind described in subsection (1) of this section relates to work that was formerly within the scope of a union that has been deregistered under section 130 of this Act, notice of that dispute may be given, under subsection (1) of this section, only with the consent of the Minister.”
(2)
Section 142 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
Where any dispute that exists or is threatened relates to work that was formerly within the scope of a union that has been deregistered under section 130 of this Act, a conciliator may take action under subsection (1) of this section in respect of that dispute only with the consent of the Minister.”
23 Provisions as to voluntary agreements
(1)
Section 141 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Notwithstanding anything in subsection (1) of this section or in section 138 of this Act, an agreement that relates to the terms of employment of any workers who are employed or engaged or are to be employed or engaged on work that was formerly within the scope of a union that has been deregistered under section 130 of this Act shall be filed under subsection (1) of this section only with the consent of the Minister.”
(2)
Section 141 of the principal Act is hereby further amended—
(a)
By omitting from subsection (3) the words “such agreement”
, and substituting the words “agreement filed pursuant to subsection (1) of this section”
:
(b)
By omitting from subsection (5) the words “agreement under”
, and substituting the words “agreement filed pursuant to subsection (1) of”
.
24 Preference provisions prohibited
(1)
The principal Act is hereby amended by inserting, after section 141, the following section:
“141a
“(1)
No member of any society of workers to which this Part of this Act applies shall be entitled to preference in obtaining employment for any work by virtue of his membership of that society.
“(2)
No agreement to which section 141(1) of this Act applies shall contain a provision requiring any worker engaged or employed by an employer bound by the agreement to join any union or any society to which this Part of this Act applies.”
(2)
No provision of the kind prohibited by subsection (2) of section 141a of the principal Act (as inserted by subsection (1) of this section), which at the commencement of this Act is contained in any agreement to which section 141(1) of the principal Act applies, shall be of any effect.
25 Jurisdiction of Industrial Court as to offences
Section144 of the principal Act is hereby amended by inserting, after subsection (4), the following subsections:
“(4a)
Notwithstanding anything in subsection (4) of this section, if any fine adjudged or ordered to be paid pursuant to this Act by any union or by any society to which Part X of this Act applies is not paid in full within 1 month after the date when it was imposed or within such further time as may be allowed or fixed for the payment thereof, all persons who were members of that union or society at the time when the offence in respect of which the fine was imposed was committed shall be jointly and severally liable to pay the fine as if it had been adjudged to be payable by them personally (except that no person shall be liable under this subsection for a larger sum than $50 on account of any such fine).
“(4b)
For the purposes of subsection (4a) of this section, a certificate under the hand of the Registrar of the Industrial Court or of any Magistrate’s Court stating the amount of any fine remaining unpaid by any union or society and the names of any persons who are jointly and severally liable to pay that amount by virtue of subsection (4a) of this section may be filed in the office of a Magistrate’s Court and every such certificate shall, unless the Industrial Court or a Magistrate, as the case may require, otherwise directs, be conclusive evidence of the liability of the persons so named as being jointly and severally liable.”
26 Discrimination
The principal Act is hereby amended by inserting, after section 146, the following section:
“146a
“(1)
Every employer commits an offence who—
“(a)
Other than by the lawful insertion in any award or collective agreement of an unqualified preference provision within the meaning of section 98 of this Act, makes membership of a union a condition to be fulfilled by any person who wishes to obtain or retain any position or employment; or
“(b)
Makes non-membership of a union a condition to be fulfilled by any person who wishes to obtain or retain any position or employment; or
“(c)
Exerts undue influence on any worker with intent to induce him—
“(i)
To become or remain a member of a union; or
“(ii)
To cease to be a member of a union; or
“(iii)
On account of the fact that he is, or, as the case may be, is not, a member of a union, to resign from any position or to leave any employment.
“(2)
Every union or association and every officer or other person acting on behalf of any union or association (whether lawfully authorised to do so or not) commits an offence who exerts undue influence on any person with intent to induce him—
“(a)
To join a union; or
“(b)
On account of the fact that he is not a member of a union, to resign any position or to leave any employment.
“(3)
Every person who commits an offence against this section shall be liable on conviction by the Industrial Court—
“(a)
If an officer of a union or association or person acting on behalf of a union or association (whether lawfully authorised to do so or not), to a fine not exceeding $100:
“(b)
If a union, association, or employer, to a fine not exceeding $500.
“(4)
In this section the term ‘union’ includes any society of workers to which Part X of this Act applies.”
27 Penalties for breach of award or collective agreement
The principal Act is hereby amended by repealing section 148, and substituting the following section:
“148
“(1)
Every union, association, or employer who commits a breach of an award or collective agreement shall be liable to a penalty not exceeding $500 in respect of every such breach.
“(2)
Every person, being an officer or member of the committee of management of a union or a person acting on behalf of an employer, who incites, instigates, aids, or abets any breach of an award or collective agreement shall be liable to a penalty not exceeding $100 in respect of every such breach.
“(3)
Every worker who commits a breach of an award or collective agreement shall be liable to a penalty not exceeding $50 in respect of every such breach.
“(4)
In subsection (2) of this section the term ‘officer’, in relation to any union, includes any person who, at the time of the breach of the award or collective agreement, acts or represents himself as acting on behalf of the union.”
28 Enforcement of judgment
Section 154 of the principal Act is hereby amended by omitting from the proviso the words “or other sum of money”
.
29 Recovery from members of union or association if it defaults
Section 155 of the principal Act is hereby amended by omitting the expression “$20”
, and substituting the expression “$50”
.
30 Recovery of wages
(1)
Section 158 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Without affecting any other remedies for the recovery of wages or other money payable by an employer to any worker whose position or employment is subject to an award or collective agreement, where there has been any default in payment of any such wages or other money or where any payment of any such wages or other money has been made at a rate lower than that fixed by the award or agreement or otherwise legally payable to the worker, the whole or any part, as the case may require, of any such wages or other money may be recovered to the use of the worker in the same manner as a penalty for a breach of the award or agreement, by action commenced in the Industrial Court under section 151 of this Act, notwithstanding the acceptance by the worker of any payment at a lower rate or any express or implied agreement to the contrary.”
(2)
Section 159 of the principal Act is hereby repealed.
31 Recovery of wages or other money payable to worker
Section 160 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
No action shall be brought to recover wages or other money payable by an employer to a worker, except within 6 years after the date on which the money claimed in the action became due and payable.”
32 Extension to scope of union by amendment to rules
Section 173 of the principal Act is hereby amended by omitting the words “section 168”
, and substituting the words “section 174”
.
33 Copies of rules
The principal Act is hereby amended by repealing section 180, and substituting the following section:
“180
“(1)
A copy of the rules of every union as for the time being amended shall be delivered by the union to any person requiring the same on payment of 50c or such other sum as may be prescribed.
“(2)
Where any worker joins any union, a copy of the rules of the union as for the time being amended shall be supplied to him free of charge by the union if, before the end of the 30th day after the date on which he becomes a member of the union, he makes a request to the union for such a copy and he has not, at the time when he makes that request, already received such a copy free of charge from the union.
“(3)
If any union fails to comply with the requirements of subsection (1) or subsection (2) of this section, the union, and every officer of the union who is in default, commits an offence and shall be liable on summary conviction to a fine not exceeding $50.”
34 Accounts of unions and other organisations
(1)
Section 186 of the principal Act is hereby amended by adding to subsection (5) the following proviso:
“Provided also that no member shall be entitled to more than one copy of any accounts or report in respect of any one financial year.”
(2)
Section 186(11) of the principal Act is hereby amended by inserting, after the words “is made in”
, the words “complying with a request made under subsection (5) of this section or in”
.
35 Copies of resolutions
The principal Act is hereby amended by inserting, after section 186, the following section:
“186a
“(1)
A copy of all resolutions passed at any annual general meeting or special general meeting of any union shall be delivered by the union to any financial member requiring the same on payment of 50c or such other sum as may be prescribed.
“(2)
If any union fails to comply with the requirements of subsection (1) of this section, the union, and every officer of the union who is in default, commits an offence and shall be liable on summary conviction to a fine not exceeding $50.”
36 Provision to facilitate amalgamation of unions
Section 192(6) of the principal Act is hereby amended by adding the following proviso:
“Provided that upon being satisfied that any such union has notified in sufficient detail each of its members as to the proposed amalgamation and the reasons therefor and has given every member the opportunity to vote on the proposal in a ballot, the Registrar may in his discretion accept that the amalgamation is desired by the union if the majority of the valid votes cast in the ballot are in favour of it.”
37 Act not to apply to Crown or Government departments
Section 218 of the principal Act is hereby amended by inserting, after the words “Except as provided by sections”
, the expression “141”
.
38 Amendments
(1)
Section 2(1) of the Shops and Offices Act 1955 is hereby amended by repealing the definition of the term “award”
, and substituting the following definition:
“‘Award’ means an award made by the Industrial Commission; and includes a collective agreement registered by the Industrial Commission under section 82 of that Act:”.
(2)
The Third Schedule to the principal Act is hereby consequentially amended by omitting from the part of the second column that relates to the Shops and Offices Act 1955 the item relating to the definition of the term “award”
.
(3)
The Agricultural Workers Act 1962 is hereby amended—
(a)
By omitting from section 20(2) the words “the Industrial Conciliation and Arbitration Act 1954 and the provisions of sections 200 to 210”
, and substituting the words “the Industrial Relations Act 1973 and the provisions of sections 151 to 157”
:
(b)
By omitting from section 27(2) the words “two years”
, and substituting the words “six years”
.
(4)
Subsections (1) and (2) of this section shall be deemed to have come into force on the 8th day of March 1974.
(5)
Nothing in subsections (1) and (2) of this section shall affect the rights of the parties under any judgment given in any Court before the passing of this Act, or under any judgment given on appeal from any such judgment, whether the appeal is commenced before or after the passing of this Act.
(6)
All prosecutions in respect of offences committed before the passing of this Act shall be taken and dealt with as if subsections (1) and (2) of this section had not been passed.
Schedule New Schedule 1a to the Principal Act
Section 17(2)
“Schedule 1a
Section 112a
Qualifications that may exempt their holders from union membership:
1.
A practising certificate under the Law Practitioners Act 1955.
2.
Registration or conditional registration as a medical practitioner under the Medical Practitioners Act 1968.
3.
A provisional certificate issued under section 32 of the Medical Practitioners Act 1968.
4.
A certificate of temporary registration issued under section 33 of the Medical Practitioners Act 1968.
5.
A qualification entitling the holder to practise the profession of accountancy in New Zealand (which qualification may consist of membership or provisional membership of the New Zealand Society of Accountants or a licence or certificate issued or granted under the New Zealand Society of Accountants Act 1958).
6.
Registration as an engineer under the Engineers Registration Act 1924.
7.
Registration as a valuer under the Valuers Act 1948.
8.
Registration as a veterinary surgeon under the Veterinary Surgeons Act 1956.
9.
Registration as a surveyor within the meaning of the Surveyors Act 1966.
10.
Registration as an optician under the Opticians Act 1928.
11.
Registration as an architect under the Architects Act 1963.
12.
Registration as a dentist under the Dental Act 1963.”
This Act is administered in the Department of Labour.
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Versions
Industrial Relations Amendment Act (No. 2) 1976
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