Industrial Relations Amendment Act 1983
Industrial Relations Amendment Act 1983
Industrial Relations Amendment Act 1983
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Industrial Relations Amendment Act 1983
Public Act |
1983 No 105 |
|
Date of assent |
16 December 1983 |
|
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 and commencement
(1)
This Act may be cited as the Industrial Relations Amendment Act 1983, and shall be read together with and deemed part of the Industrial Relations Act 1973 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of February 1984.
2 Interpretation
(1)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “industrial matters”
, and substituting the following definition:
“‘Industrial matters’—
“(a)
Means all matters affecting or relating to work done or to be done by workers, or the privileges, rights, and duties of employers or workers in any industry, not involving questions that are or may be the subject of proceedings for an indictable offence; and
“(b)
Includes—
“(i)
All matters affecting the privileges, rights, and duties of unions or associations or the officers of any union or association; and
“(ii)
All matters affecting or relating to the preferential employment, or the non-employment, of any person or class of persons; and
“(iii)
All matters that by this or any other Act are declared or deemed to be industrial matters; but
“(c)
Notwithstanding anything in paragraphs (a) and (b) of this definition, does not include—
“(i)
Any matter relating to the compulsory membership of a union of workers by any person; or
“(ii)
Any matter relating to the conferring on any person, by reason of that person’s membership or non-membership of a union, of any preference of a kind described in paragraph (a) or paragraph (b) or paragraph (c) of section 100(1) of this Act:”.
3 Rights of entry, etc., of union officials or representatives
The principal Act is hereby amended by repealing section 96, and substituting the following section:
“96
“(1)
With intent to secure the effective operation of any award, the Court—
“(a)
May include in it all such provisions as it considers reasonably necessary; and
“(b)
Shall include in it provisions conferring on the secretary or any other officer or authorised representative of any union of workers power to enter at all reasonable times upon the premises of any employer bound by the award, and there to interview any workers or to collect any fees, subscriptions, levies, or other charges payable to the union by any workers.
“(2)
Provisions included, pursuant to subsection (1)(b) of this section, in an award shall include the requirement that both the power to enter and the power to interview be exercised in a reasonable manner and not so as to interfere unreasonably with the employer’s business.
“(3)
The provisions described in subsection (1)(b) of this section may be included in any collective agreement.
“(4)
Where the provisions described in subsection (1)(b) of this section are included in any collective agreement, the provisions included shall include the requirement specified in subsection (2) of this section.
“(5)
Any provisions that are expressed in the award or collective agreement to be made or included under the authority of this section shall be deemed to relate to industrial matters within the meaning of this Act, and may be at any time revoked or amended by the Court, of its own motion, on such grounds as to the Court seem sufficient.”
4 Interpretation
(1)
Section 98 of the principal Act is hereby amended by omitting the expression “98a”
(as substituted by section 14(2) of the Industrial Relations Amendment Act (No. 2) 1976), and substituting the expression “99”
.
(2)
Section 98 of the principal Act is hereby amended by inserting, after the definition of the term “authorised representative”
, the following definitions:
“‘Society of workers’ means a society of persons lawfully associated for the purpose of protecting or furthering the interests of workers:
“‘Union’ includes any society of workers (whether or not that society is incorporated and whether or not Part X of this Act applies to that society):”.
5 New sections substituted
The principal Act is hereby amended by repealing sections 98a to 112a, and substituting the following sections:
“99 Voluntary union membership
“(1)
Nothing in any award or in any collective agreement or in any agreement filed under section 141 of this Act or in any other agreement between one or more workers or a union of workers or an organisation of workers and an employer or employers or a union of employers or an organisation of employers shall require any person—
“(a)
To become or remain a member of any union; or
“(b)
To cease to be a member of any union; or
“(c)
Not to become a member of any union.
“(2)
Where any award or any collective agreement or any agreement filed under section 141 of this Act or any other agreement between one or more workers or a union of workers or an organisation of workers and an employer or employers or a union of employers or an organisation of employers, including any award or any kind of agreement in force on the commencement of the Industrial Relations Amendment Act 1983, imposes or purports to impose (whether by way of an unqualified preference provision or otherwise) any requirement that contravenes subsection (1) of this section, that requirement or purported requirement shall be of no effect.
“100 Prohibition on preference
“(1)
Except as otherwise expressly provided in this Act, nothing in any award or in any collective agreement or in any agreement filed under section 141 of this Act or in any other agreement made between one or more workers or a union of workers or an organisation of workers and an employer or employers or a union of employers or an organisation of employers shall confer on any person, by reason of that person’s membership or non-membership of a union,—
“(a)
Any preference in obtaining or retaining employment; or
“(b)
Any preference in relation to terms of employment or conditions of employment or fringe benefits or opportunities for training, promotion, or transfer; or
“(c)
Any preference in relation to the formula that will be used to assess compensation for redundancy.
“(2)
Where any award or any collective agreement or any agreement filed under section 141 of this Act or any other agreement between one or more workers or a union of workers or an organisation of workers and an employer or employers or a union of employers or an organisation of employers, including any award or any kind of agreement in force on the commencement of the Industrial Relations Amendment Act 1983, imposes or purports to impose any requirement that contravenes subsection (1) of this section, that requirement or purported requirement shall be of no effect.
“(3)
Nothing in this section prevents any award or any agreement to which subsection (1) of this section applies making provision for workers or a union of workers to hold a stop-work meeting in the employer’s time.
“101 Discrimination
It shall be unlawful for an employer—
“(a)
To refuse or omit to employ any person by reason of the fact that that person—
“(i)
Is a member of a union or intends to become a member of a union; or
“(ii)
Is not a member of a union or intends to cease to be a member of a union or intends not to become a member of a union; or
“(b)
To dismiss any worker or subject him to any detriment on the grounds that that worker—
“(i)
Is a member of a union or intends to become a member of a union; or
“(ii)
Is not a member of a union or intends to cease to be a member of a union or intends not to become a member of a union; or
“(c)
When determining whether a worker will be dismissed by reason of redundancy, to have regard to whether that worker—
“(i)
Is a member of a union or intends to become a member of a union; or
“(ii)
Is not a member of a union or intends to cease to be a member of a union or intends not to become a member of a union; or
“(d)
When determining, in relation to any worker, the formula that will be used to assess compensation for redundancy, to have regard to whether that worker—
“(i)
Is a member of a union or intends to become a member of a union; or
“(ii)
Is not a member of a union or intends to cease to be a member of a union or intends not to become a member of a union.
“102 Restraint on making of awards, etc.
“(1)
Notwithstanding anything in sections 65, 66, 82, 84, and 141 of this Act, neither the Court nor the Registrar of the Court, as the case may be, shall—
“(a)
Make any award; or
“(b)
Register any collective agreement; or
“(c)
Accept for filing under section 141 of this Act any agreement,—
containing any provision that contravenes any of the provisions of section 99 or section 100 of this Act.
“(2)
Where any award or any collective agreement or any agreement filed under section 141 of this Act contains a provision that contravenes any of the provisions of section 99 or section 100 of this Act, that provision shall, notwithstanding its making, registration, or filing, be of no effect.
“103 Undue influence
“(1)
No person shall exert undue influence on any worker with intent to induce that worker—
“(a)
To become or remain a member of a union; or
“(b)
To cease to be a member of a union; or
“(c)
Not to become a member of a union; or
“(d)
On account of the fact that that worker is, or, as the case may be, is not, a member of a union, to resign any position or to leave any employment.
“(2)
Every person who contravenes subsection (1) of this section shall be liable—
“(a)
If a worker or other person to whom the following paragraphs of this subsection do not apply, to a penalty not exceeding $300:
“(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 penalty not exceeding $1,500:
“(c)
If a person acting on behalf of an employer, to a penalty not exceeding $1,500:
“(d)
If a union, association, or employer, to a penalty not exceeding $3,000.
“(3)
The Arbitration Court shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this section.
“(4)
For the purposes of this section, every reference to the Arbitration Court shall be read as a reference to a Judge of that Court acting alone.
“(5)
A penalty recoverable under this section shall be recovered in the same manner, with all necessary modifications, as a penalty for a breach of an award.
“(6)
An action for the recovery of a penalty under this section may be brought only by the worker or by the union of workers to which the worker belongs.
“(7)
The Arbitration Court may, under section 49 of this Act, delegate to any District Court Judge named by it its powers and functions to deal with an action under this section and the provisions of section 49 of this Act (except those of subsection (6)) shall, with all necessary modifications, apply accordingly.
“(8)
Without limiting the meaning of the term ‘undue influence’ in subsection (1) of this section, it is hereby declared that, for the purposes of that subsection, a person exerts undue influence on any worker if that person—
“(a)
Threatens the worker or any relative of the worker with violence, or with any loss or detriment; or
“(b)
Indulges in an intimidatory course of action towards the worker or any relative of the worker; or
“(c)
Directly or indirectly causes the worker or any relative of the worker to suffer any loss or detriment.
“(9)
In this section ‘relative’ has the meaning given to it by section 2 of the Human Rights Commission Act 1977.
“103a Relief in respect of unlawful discrimination
“(1)
Where any employer contravenes section 101 of this Act, that employer shall be liable to a penalty not exceeding $500 to be recovered at the suit of the person or worker in relation to whom the section is contravened.
“(2)
The Arbitration Court shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this section.
“(3)
A penalty recoverable under this section shall be recovered in the same manner, with all necessary modifications, as a penalty for a breach of an award.
“(4)
Where an action is taken under this section, the Court or the duly appointed delegate of the Court, as the case may require, shall set a date for the hearing of the action as a matter of urgency.
“(5)
In any action for the recovery of a penalty under this section in which it is proved that the employer—
“(a)
Refused or omitted to employ the person; or
“(b)
Dismissed the worker; or
“(c)
Determined that the worker would be dismissed by reason of redundancy,—
it shall be for the employer to prove that he did not contravene section 101 of this Act.
“(6)
If any action for the recovery of a penalty is taken under this section, and judgment is given against the employer, the Court, in addition to or instead of imposing a penalty under this section,—
“(a)
May make an order for the reimbursement to the person or worker of a sum equal to the whole of the wages lost by the person or worker as a result of the contravention of section 101 of this Act; and
“(b)
May also, in its discretion, make an order for—
“(i)
The reinstatement of the person or worker in his former position or in a position not less advantageous to him; or
“(ii)
The payment to the person or worker by the employer of such sum as the Court thinks fit by way of compensation; or
“(iii)
Both such reinstatement and such payment.
“(7)
In making an order under subsection (6) of this section, the Court may take into account any matters that would have been relevant if the Court were inquiring into the matter pursuant to section 117 of this Act.
“(8)
For the purposes of this section, every reference to the Arbitration Court shall be read as a reference to a Judge of that Court acting alone.
“(9)
The Arbitration Court may, under section 49 of this Act, delegate to any District Court Judge named by it its powers and functions to deal with an action under this section and the provisions of section 49 of this Act (except those of subsection (6)) shall, with all necessary modifications, apply accordingly.
“(10)
Every penalty recovered in an action under this section shall be paid into Court and not to the plaintiff.
“(11)
The Arbitration Court may order that the whole or any part of any penalty recovered shall be paid to the plaintiff.
“103b Contribution or indemnity in respect of unlawful discrimination
“(1)
Where—
“(a)
Any employer is liable to pay any penalty or other sum under section 103a of this Act; and
“(b)
Any person has, before the contravention, threatened expressly or by implication that unless the employer contravenes section 101 of this Act that person will, alone or in concert with others, do any act, or omit to do any act, being an act or omission likely to affect adversely the conduct of the employer’s business, trade, or profession,—
that person shall be liable to make contribution towards any penalty or other sum ordered to be paid under section 103a of this Act.
“(2)
Where any person who is liable to make contribution under this section purported to act at any material time on behalf of or in the name of any union or association, that union or association shall also be liable to make contribution under this section towards any penalty or other sum ordered to be paid under section 103a of this Act.
“(3)
In any proceedings for contribution under this section, the amount of the contribution recoverable from any person or union or association shall be such as may be found by the Arbitration Court to be just and equitable having regard to the extent of the responsibility of that person or union or association for the employer’s contravention of section 101 of this Act; and the Arbitration Court shall have power to exempt any person or union or association from liability to make contribution, or to direct that the contribution to be recovered from any person or union or association shall amount to a complete indemnity.
“(4)
Where a defendant claims as against any person, union, or association not already a party to proceedings for the recovery of a penalty under section 103a of this Act (in this section called the third party)—
“(a)
That he is entitled to contribution; or
“(b)
That any question or issue in the proceedings should properly be determined not only as between the plaintiff and the defendant, but also as between the plaintiff, the defendant, and the third party, or as between any or either of them,—
the defendant may apply to the Court on notice for leave to issue and serve a third-party notice, and shall attach a copy of the proposed third-party notice to the application.
“(5)
The procedure set out in Part XIII of the District Courts Rules 1948 shall, with all necessary modifications, apply in respect of every application made and notice issued under subsection (4) of this section.
“103c Breach of order for reinstatement
“(1)
Every person shall be liable to a penalty not exceeding $5,000 who—
“(a)
Wilfully fails to comply with an order for reinstatement under section 103a(6)(b)(i) of this Act; or
“(b)
Wilfully does or omits to do any act for the purpose of aiding any person to fail to comply with an order for reinstatement under section 103a(6)(b)(i) of this Act; or
“(c)
Abets any person in his wilful failure to comply with an order for reinstatement under section 103a(6)(b)(i) of this Act; or
“(d)
Incites, counsels, or procures any person to fail to comply with an order for reinstatement under section 103a(6)(b)(i) of this Act.
“(2)
The Arbitration Court shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this section.
“(3)
For the purposes of this section, every reference to the Arbitration Court shall be read as a reference to a Judge of that Court acting alone.
“(4)
An action for the recovery of a penalty under this section may be brought only by a person or worker who alleges that he has not been reinstated under the order to which the action relates.
“(5)
The Arbitration Court may, under section 49 of this Act, delegate to any District Court Judge named by it its powers and functions to deal with an action under this section and the provisions of section 49 of this Act (except those of subsection (6)) shall, with all necessary modifications, apply accordingly.
“(6)
Where an action is taken under this section, the Arbitration Court or the duly appointed delegate of the Court, as the case may require, shall set a date for the hearing of the action as a matter of urgency.
“(7)
Every penalty recovered in an action under this section shall be paid into Court and not to the plaintiff.
“(8)
The Arbitration Court may order that the whole or any part of any penalty recovered shall be paid to the plaintiff.
“103d Strikes and lockouts in respect of union membership
“(1)
Every person is liable to a penalty not exceeding $5,000 who, being a worker, strikes for the purpose, wholly or partly, of inducing an employer to contravene section 101 of this Act.
“(2)
Every person is liable to a penalty not exceeding $5,000 who, being an employer, locks out any workers for the purpose, wholly or partly, of inducing those workers or any of them—
“(a)
To become or remain members of a union; or
“(b)
To cease to be members of a union; or
“(c)
Not to become members of a union.
“(3)
Every person who incites, instigates, aids, or abets a breach of subsection (1) or subsection (2) of this section, or who incites, instigates, or assists any person who has struck or locked out in breach of subsection (1) or subsection (2) of this section to continue to be a party to a strike or lockout shall be liable—
“(a)
If a worker or other person to whom the following paragraphs of this subsection do not apply, to a penalty not exceeding $300:
“(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 penalty not exceeding $1,500:
“(c)
If a person acting on behalf of an employer, to a penalty not exceeding $1,500:
“(d)
If a union, association, or employer, to a penalty not exceeding $3,000.
“(4)
Every person who is a party to, or incites, instigates, aids, or abets a strike or lockout of a kind mentioned in subsection (1) or subsection (2) of this section shall, in addition to any penalty to which he may be liable under subsection (1) or subsection (2) or subsection (3) of this section, be liable at the suit of any person suffering any loss or damage thereby or apprehending the suffering of any loss or damage thereby to any or all of the remedies available in civil proceedings in tort, and to the same extent as if the strike or lockout were a tort independently of this section.
“103e Secondary strikes and lockouts in respect of union membership
“(1)
Every person is liable to a penalty not exceeding $5,000 who, being a worker, strikes for the purpose, wholly or partly, of expressing opposition to the membership or non-membership of any union by any other worker or workers in the employment of any other employer.
“(2)
Every person is liable to a penalty not exceeding $5,000 who, being an employer, locks out any workers, for the purpose, wholly or partly, of expressing opposition to the membership or non-membership of any union by any worker or workers in the employment of any other employer.
“(3)
Every person who incites, instigates, aids, or abets a breach of subsection (1) or subsection (2) of this section, or who incites, instigates, or assists any person who has struck or locked out in breach of subsection (1) or subsection (2) of this section to continue to be a party to a strike or lockout shall be liable,—
“(a)
If a worker or other person to whom the following paragraphs of this subsection do not apply, to a penalty not exceeding $300:
“(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 penalty not exceeding $1,500:
“(c)
If a person acting on behalf of an employer, to a penalty not exceeding $1,500:
“(d)
If a union, association, or employer, to a penalty not exceeding $3,000.
“(4)
Every person who is a party to, or incites, instigates, aids, or abets a strike or lockout of a kind mentioned in subsection (1) or subsection (2) of this section shall, in addition to any penalty to which he may be liable under subsection (1) or subsection (2) or subsection (3) of this section, be liable at the suit of any person suffering any loss or damage thereby or apprehending the suffering of any loss or damage thereby to any or all of the remedies available in civil proceedings in tort, and to the same extent as if the strike or lockout were a tort independently of this section.
“(5)
Nothing in section 103d of this Act shall affect any liability under this section, save that when a penalty has been imposed on, or a judgment has been obtained against, any person under this section no further proceedings shall be taken or continued against him under section 103d of this Act in respect of the same act.
“103f Proceedings relating to strikes and lockouts (including secondary strikes and lockouts) in respect of union membership
“(1)
The Arbitration Court shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under section 103d or section 103e of this Act.
“(2)
For the purposes of this section, every reference to the Arbitration Court shall be read as a reference to a Judge of that Court acting alone.
“(3)
An action for the recovery of a penalty under section 103d or section 103e of this Act in respect of a strike or lockout may be brought only by a person who alleges that he has suffered loss or damage thereby.
“(4)
Where, in any action for the recovery of a penalty under section 103d or section 103e of this Act in respect of a strike or in any civil proceedings taken under section 103d(4) or section 103e(4) of this Act in respect of a strike, it is proved that the worker was a party to the strike and that there are reasonable grounds for believing that the strike was—
“(a)
For the purpose, wholly or partly, of inducing the employer to contravene section 101 of this Act; or
“(b)
For the purpose, wholly or partly, of expressing opposition to the membership or non-membership of any union by any other worker or workers in the employment of any other employer,—
the burden of proving that the strike was not wholly or partly for that purpose shall lie on the defendant.
“(5)
Where, in any action for the recovery of a penalty under section 103d or section 103e of this Act in respect of a lockout or in any civil proceedings taken under section 103d(4) or section 103e(4) of this Act in respect of a lockout, it is proved that the employer locked out workers and that there are reasonable grounds for believing that the lockout was—
“(a)
For the purpose, wholly or partly, of inducing those workers or any of them—
“(i)
To become or remain members of a union; or
“(ii)
To cease to be members of a union; or
“(iii)
Not to become members of a union; or
“(b)
For the purpose, wholly or partly, of expressing opposition to the membership or non-membership of any union by any worker or workers in the employment of any other employer,—
the burden of proving that the lockout was not wholly or partly for that purpose shall lie on the defendant.
“(6)
The Arbitration Court may, under section 49 of this Act, delegate to any District Court Judge named by it its powers and functions to deal with an action under section 103d or section 103e of this Act for the recovery of a penalty and the provisions of section 49 of this Act (except those of subsection (6)) shall, with all necessary modifications, apply accordingly.
“(7)
Where an action for the recovery of a penalty is taken under section 103d or section 103e of this Act, the Court or the duly appointed delegate of the Court, as the case may require, shall set a date for the hearing of the action as a matter of urgency.
“(8)
Every penalty recovered in an action under section 103d or section 103e of this Act shall be paid into Court and not to the plaintiff.
“(9)
The Arbitration Court may order that the whole or any part of any penalty recovered shall be paid to the plaintiff.
“103g Appeal on a question of law
“(1)
Any person who is directly affected by any decision of a delegate of the Court acting under the authority of section 49 of this Act as applied by section 103(7) or section 103a(9) or section 103c(5) or section 103f(6) of this Act and who is dissatisfied with that decision as being erroneous in point of law may, within such time and in such manner as may be prescribed, appeal to the Arbitration Court on that question of law only.
“(2)
Every appeal under this section shall be dealt with in accordance with regulations made under this Act.
“104 Right of workers to become members of unions
Every person who, by virtue of his employment or intended employment, is within the class of which an industrial union of workers is constituted, and who is not of general bad character, shall be entitled to be admitted to membership of the union; and so far as the rules of any union are inconsistent with the provisions of this section they shall be null and void.”
6 Consequential repeals
The following enactments are hereby consequentially repealed:
(a)
Sections 86(2), 141a, and 146a of the principal Act:
(b)
Sections 13 to 17 and sections 24 and 26 of the Industrial Relations Amendment Act (No. 2) 1976:
(c)
So much of the First Schedule to the Industrial Relations Amendment Act 1977 as relates to sections 101b and 101c of the principal Act:
(d)
Sections 5 to 7 of the Industrial Relations Amendment Act 1978:
(e)
Section 3(1) of the Industrial Relations Amendment Act 1979:
(f)
Sections 3 to 5 of the Industrial Relations Amendment Act 1982.
7 Under-rate workers’ permits
The principal Act is hereby amended by repealing section 113, and substituting the following section:
“113
Where in any award or collective agreement provision is made for the issue of a permit to any worker to accept a wage below that prescribed for ordinary workers in the trade to which the award or agreement relates, the following provisions shall apply:
“(a)
Any worker who considers himself incapable of earning the minimum wage fixed by the award or agreement may be paid such lower wage as may from time to time be fixed,—
“(i)
On the application of the worker; or
“(ii)
Where the worker is a member of the union, on the application of the worker after due notice to the union,—
by an Inspector of Awards and Agreements or such other person as the Court may from time to time appoint for that purpose:
“(b)
In so fixing the wage the Inspector or other person shall have regard to the worker’s capability, his past earnings, and such other circumstances as the Inspector or other person thinks fit, after hearing such evidence and argument as—
“(i)
The worker offers; or
“(ii)
Where the worker is a member of the union, the union and the worker offer:
“(c)
Where the worker is not a member of the union, a permit shall be for such period, not exceeding 6 months, as the Inspector or other person determines:
“(d)
Where the worker is a member of the union, a permit shall be for such period, not exceeding 6 months, as the Inspector or other person determines; and after the expiry of that period it shall continue in force until 14 days’ notice has been given to the worker by the secretary of the union requiring him to have his wage again fixed in the manner prescribed by this section:
“Provided that in the case of any person whose wage is so fixed by reason of old age or permanent disability it may be fixed for such longer period as the Inspector or other person thinks fit:
“(e)
Notwithstanding the foregoing provisions of this section, it shall be competent for a worker who is a member of the union to agree in writing with the president or secretary of the union upon such a lower wage as aforesaid without having it so fixed:
“(f)
It shall be the duty of the union to give notice to the Inspector of Awards and Agreements of every agreement made with a worker under paragraph (e) of this section:
“(g)
It shall be the duty of an employer, before employing a worker at such lower wage, to examine the permit or agreement by which the wage is fixed.”
8 Settlement of personal grievances
Section 117 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
For the purposes of this section and sections 117a to 117f of this Act, ‘personal grievance’—
“(a)
Means any grievance that a worker may have against his employer because of a claim—
“(i)
That he has been unjustifiably dismissed; or
“(ii)
That other action by the employer (not being an action of a kind applicable generally to workers of the same class employed by the employer) affects his employment to his disadvantage; but
“(b)
Does not include any grievance that a worker may have because of a claim that his employer has dismissed him or has taken any other action either wholly or partly because of the worker’s membership or non-membership of—
“(i)
A union; or
“(ii)
A society.”
9 New sections inserted
The principal Act is hereby amended by inserting, after section 117, the following sections:
“117a Alternative procedure for settlement of personal grievances
“(1)
This section applies to every worker who, at the time when an alleged personal grievance occurs,—
“(a)
Is bound by the provisions of an award or collective agreement or agreement filed under section 141 of this Act; and
“(b)
Is not a member of a union that is a party to that award or collective agreement or agreement filed under section 141 of this Act.
“(2)
Every worker to whom this section applies may invoke, in relation to any personal grievance, the procedure set out in section 117b of this Act.
“117b Alternative procedure
“(1)
The procedure set out in this section may be used by a worker to whom section 117a of this Act applies for the settlement of a personal grievance.
“(2)
As soon as practicable after a personal grievance arises, the worker shall submit the grievance to his immediate supervisor, affording the immediate supervisor an opportunity to remedy the cause of the grievance, the intent being that it is desirable, if the circumstances permit it, to settle the grievance rapidly and as near as possible to the point of origin.
“(3)
Where—
“(a)
An attempt at settlement made under subsection (2) of this section has failed; or
“(b)
The grievance is of such a nature that a direct discussion between a worker and his immediate supervisor might not be appropriate,—
the worker, unless he elects to act on his own behalf, may notify a representative of any society of workers to which he belongs or any agent whom he wishes to act on his behalf.
“(4)
Where a person is so notified under subsection (3) of this section, that person, if he considers it appropriate, shall forthwith take the matter up on behalf of the worker with the employer or his representative.
“(5)
If—
“(a)
The worker elects to act on his own behalf; or
“(b)
No person notified under subsection (3) of this section takes the matter up,—
the worker shall forthwith take the matter up with the employer or the representative of the employer.
“(6)
If the matter is not disposed of in discussion with the employer or the representative of the employer, the worker or his agent shall prepare a written statement of the nature of the grievance and the circumstances in which it arose. That statement shall thereafter form the basis of all consideration of the grievance.
“(7)
The statement shall be referred to a grievance committee consisting of an equal number of representatives (not exceeding 3) nominated respectively by the worker and the employer, with or without a chairman as the parties may decide.
“(8)
Either party shall have the right to be assisted or represented before the grievance committee by an organisation of employers or workers, as the case may be, or by an agent.
“(9)
If the matter is not settled by the grievance committee, it may be referred to the Court by both or either of the parties.
“(10)
The Court, after enquiring fully into the matter and considering all representations made by or on behalf of the parties, may make a decision or award by way of final settlement which shall be binding on the parties.
“117c Power to refer personal grievances to Arbitration Court
Where a worker to whom section 117a of this Act applies is unable to get a personal grievance—
“(a)
Dealt with; or
“(b)
Dealt with promptly, because of the failure of any other person or organisation to act or to act promptly in accordance with the procedure applicable under section 117b of this Act,—
he may, with the leave of the Arbitration Court (given subject to such conditions, if any, as it thinks fit) and notwithstanding that section, refer the grievance to the Court for settlement under section 117b(9) of this Act and that section shall apply accordingly.
“117d Normal work to continue
For the purpose of ensuring that the work of an employer shall not be impeded but shall at all times proceed as if no personal grievance against him had arisen,—
“(a)
No worker employed by an employer shall discontinue or impede normal work, either totally or partially, by reason of the existence of any personal grievance against that employer, whether on his own part or on the part of any other worker:
“(b)
While the provisions of sections 117b and 117c of this Act relating to the settlement of personal grievances are being observed, the employer shall not, by reason only of the involvement of any worker in the circumstances out of which the grievance arose, dismiss that worker.
“117e Statements and information privileged
Any statements made or information given in the course of any proceedings before a grievance committee constituted pursuant to section 117b(7) of this Act or the Arbitration Court in respect of an alleged unjustifiable dismissal shall be absolutely privileged.
“117f Relief
In the case of an alleged unjustifiable dismissal, any final settlement, decision, or award made by a grievance committee constituted under section 117b(7) of this Act or by the Arbitration Court pursuant to section 117b(9) of this Act may, if it includes a finding that the worker was unjustifiably dismissed, provide for any one or more of the following:
“(a)
The reimbursement to him of a sum equal to the whole or any part of the wages lost by him:
“(b)
His reinstatement in his former position or in a position not less advantageous to him:
“(c)
The payment to him of compensation by his employer.”
10 Strikes and lockouts in certain essential industries
Section 125 of the principal Act (as substituted by section 21 of the Industrial Relations Amendment Act (No. 2) 1976) is hereby amended—
(a)
By omitting the expression “$150”
wherever it appears, and substituting in each case the expression “$300”
:
(b)
By omitting the expression “$1,500”
wherever it appears, and substituting in each case the expression “$3,000”
:
(c)
By omitting the expression “$700”
wherever it appears, and substituting in each case the expression “$1,500”
.
11 Strikes and lockouts affecting export slaughterhouses
Section 125a of the principal Act (as inserted by section 21 of the Industrial Relations Amendment Act (No. 2) 1976) is hereby amended—
(a)
By omitting the expression “$150”
wherever it appears, and substituting in each case the expression “$300”
:
(b)
By omitting the expression “$1,500”
wherever it appears, and substituting in each case the expression “$3,000”
:
(c)
By omitting the expression “$700”
wherever it appears, and substituting in each case the expression “$1,500”
.
12 New sections substituted
The principal Act is hereby amended by repealing sections 126 and 127, and substituting the following sections:
“126 Secret ballot on the issue of a return to work
At any time during the continuance of a strike—
“(a)
The Court in its discretion; or
“(b)
The Registrar of Industrial Unions in his discretion; or
“(c)
The Minister, in his discretion, on the request in writing of not less than 5 percent of those workers who are directly concerned in the strike—
may conduct or cause to be conducted, in the prescribed manner, a secret ballot of all workers directly concerned in the strike on the issue of a return to work.
“127 Secret ballot on the issue of a resumption of operation of undertakings
At any time during the continuance of a lockout—
“(a)
The Court in its discretion; or
“(b)
The Registrar of Industrial Unions in his discretion; or
“(c)
The Minister, in his discretion, on the request in writing of one or more employers who are directly concerned in the lockout—
may conduct or cause to be conducted, in the prescribed manner, a secret ballot of all employers directly concerned in the lockout on the issue of a resumption of the operation of the undertakings concerned.”
13 Rights of entry, etc., of officials or representatives of society of workers
The principal Act is hereby amended by inserting, after section 141a (as inserted by section 24(1) of the Industrial Relations Amendment Act (No. 2) 1976), the following section:
“141b
“(1)
An agreement to which section 141(1) of this Act applies may include provisions conferring on the secretary or any other officer or authorised representative of any society of workers to which this Part of this Act applies power to enter at all reasonable times upon the premises of any employer bound by the agreement, and there to interview any workers or to collect any fees, subscriptions, levies, or other charges payable to the society by any workers.
“(2)
Where the provisions described in subsection (1) of this section are included in any agreement to which section 141(1) of this Act applies, those provisions shall include the requirement that both the power to enter and the power to interview be exercised in a reasonable manner and not so as to interfere unreasonably with the employer’s business.
“(3)
Any provisions that are expressed in the agreement to be included under the authority of this section shall be deemed to relate to industrial matters within the meaning of this Act, and may be at any time revoked or amended by the Court, of its own motion, on such grounds as to the Court seem sufficient.”
14 Restrictions as to levies and subscriptions payable by members of unions
(1)
Section 182 of the principal Act is hereby amended by repealing subsections (1) and (4).
(2)
Section 182(5) of the principal Act is hereby amended by omitting the words “Subject to the foregoing provisions of this section,”
.
This Act is administered in the Department of Labour.
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Versions
Industrial Relations Amendment Act 1983
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