Act Repealed Latest version as at 16 December 1983 (as enacted) | 1983 No 106

Agricultural Workers Amendment Act (No. 2) 1983

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Amendment Act

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Contents

Short Title and commencement

Interpretation

New sections inserted

Repeal

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Agricultural Workers Amendment Act (No. 2) 1983

Public Act		1983 No 106
Date of assent		16 December 1983

An Act to amend the Agricultural Workers Act 1977

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 Agricultural Workers Amendment Act (No. 2) 1983, and shall be read together with and deemed part of the Agricultural Workers Act 1977 (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 “conditions of employment”, and substituting the following definition:

“‘Conditions of employment’—

“(a)

Includes rates of remuneration; and

“(b)

Includes—

“(i)

All matters affecting the privileges, rights, and duties of workers’ organisations or societies of workers or the officers of any workers’ organisation or society of workers; and

“(ii)

All matters affecting or relating to the preferential employment, or the nonemployment, of any person or class of persons; 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 workers’ organisation or society 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 workers’ organisation or society of workers, of any preference of a kind described in paragraph (a) or paragraph (b) or paragraph (c) of section 15b(1) of this Act:”.

(2)

Section 2(1) of the principal Act is hereby amended by inserting, after the definition of the term “Registrar”, the following definition:

“‘Society of workers’ means, for the purposes of sections 15a to 15k of this Act, a society of persons lawfully associated for the purpose of protecting or furthering the interests of agricultural workers:”.

3 New sections inserted

The principal Act is hereby amended by inserting, after section 15, the following sections:

“15a Voluntary union membership

“(1)

Nothing in any award or in any agreement lodged with the Registrar under section 34(1) of this Act or in any other agreement between an agricultural worker or agricultural workers or a workers’ organisation or a society of workers and an employer or employers or an employers’ organisation shall require any person—

“(a)

To become or remain a member of any workers’ organisation or society of workers; or

“(b)

To cease to be a member of any workers’ organisation or society of workers; or

“(c)

Not to become a member of any workers’ organisation or society of workers.

“(2)

Where any award or any agreement lodged with the Registrar under section 34(1) of this Act or any other agreement between one or more agricultural workers or a workers’ organisation or a society of workers and an employer or employers or an employers’ organisation, including any award or agreement in force on the commencement of this section, imposes or purports to impose any requirement that contravenes subsection (1) of this section, that requirement or purported requirement shall be of no effect.

“15b Prohibition on preference

“(1)

Except as otherwise expressly provided in this Act, nothing in any award or in any agreement lodged with the Registrar under section 34(1) of this Act or in any agreement made between one or more agricultural workers or a workers’ organisation or a society of workers and an employer or employers or an employers’ organisation shall confer on any person, by reason of that person’s membership or non-membership of a workers’ organisation or society of workers,—

“(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 agreement lodged with the Registrar under section 34(1) of this Act or any other agreement between one or more agricultural workers or a workers’ organisation and an employer or employers or an employers’ organisation, including any such award or agreement in force on the commencement of this section, 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 agricultural workers or a workers’ organisation or a society of workers to hold a stop-work meeting in the employer’s time.

“15c 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 workers’ organisation or society of workers or intends to become a member of a workers’ organisation or society of workers; or

“(ii)

Is not a member of a workers’ organisation or society of workers or intends to cease to be a member of a workers’ organisation or society of workers or intends not to become a member of a workers’ organisation or society of workers; or

“(b)

To dismiss any agricultural worker or subject him to any detriment on the grounds that that agricultural worker—

“(i)

Is a member of a workers’ organisation or society of workers or intends to become a member of a workers’ organisation or society of workers; or

“(ii)

“(c)

When determining whether an agricultural worker will be dismissed by reason of redundancy, to have regard to whether that agricultural worker—

“(i)

Is a member of a workers’ organisation or society of workers or intends to become a member of a workers’ organisation or society of workers; or

“(ii)

“(d)

When determining, in relation to any agricultural worker, the formula that will be used to assess compensation for redundancy, to have regard to whether that agricultural worker—

“(i)

Is a member of a workers’ organisation or society of workers or intends to become a member of a workers’ organisation or society of workers; or

“(ii)

“15d Restraint on making of awards, etc.

“(1)

No award shall be made under this Act and no agreement shall be lodged under section 34(1) of this Act if that award or agreement contains any provision that contravenes any of the provisions of section 15a or section 15b of this Act.

“(2)

Where any award made under this Act or any agreement lodged under section 34(1) of this Act contains a provision that contravenes any of the provisions of section 15a or section 15b of this Act, that provision shall, notwithstanding its making or lodging, be of no effect.

“15e Undue influence

“(1)

No person shall exert undue influence on any agricultural worker with intent to induce that worker—

“(a)

To become or remain a member of a workers’ organisation or society of workers; or

“(b)

To cease to be a member of a workers’ organisation or society of workers; or

“(c)

Not to become a member of a workers’ organisation or society of workers; or

“(d)

On account of the fact that that worker is, or, as the case may be, is not, a member of a workers’ organisation or society of workers, to resign any position or to leave any employment.

“(2)

Every person who contravenes subsection (1) of this section shall be liable—

“(a)

If an agricultural 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 organisation or society, 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, society, organisation, or employer, to a penalty not exceeding $3,000.

“(3)

The Tribunal 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 Tribunal shall be read as a reference to the Chairman of that Tribunal 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 under the Industrial Relations Act 1973; and sections 151 to 157 of that Act (except subsections (1), (5), and (6) of section 151) shall apply accordingly with all necessary modifications.

“(6)

An action for the recovery of a penalty under this section may be brought only by the agricultural worker or by the workers’ organisation or society of workers to which the agricultural worker belongs.

“(7)

The Tribunal may 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 the Industrial Relations Act 1973 (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 agricultural worker if that person—

“(a)

Threatens the agricultural worker or any relative of the agricultural worker with violence, or with any loss or detriment; or

“(b)

Indulges in an intimidatory course of action towards the agricultural worker or any relative of the agricultural worker; or

“(c)

Directly or indirectly causes the agricultural worker or any relative of the agricultural 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.

“15f Relief in respect of unlawful discrimination

“(1)

Where any employer contravenes section 15c of this Act, that employer shall be liable to a penalty not exceeding $500 to be recovered at the suit of the person or agricultural worker in relation to whom the section is contravened.

“(2)

The Tribunal shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this section.

“(3)

“(4)

Where an action is taken under this section, the Tribunal or the duly appointed delegate of the Tribunal, 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 agricultural worker; or

“(c)

Determined that the agricultural worker would be dismissed by reason of redundancy,—

it shall be for the employer to prove that he did not contravene section 15c 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 Tribunal, in addition to or instead of imposing a penalty under this section,—

“(a)

May make an order for the reimbursement to the person or agricultural worker of a sum equal to the whole of the wages lost by the person or agricultural worker as a result of the contravention of section 15c of this Act; and

“(b)

May also, in its discretion, make an order for—

“(i)

The reinstatement of the person or agricultural worker in his former position or in a position not less advantageous to him; or

“(ii)

The payment to the person or agricultural worker by the employer of such sum as the Tribunal 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 Tribunal may take into account any matters that would have been relevant if the Court were inquiring into the matter pursuant to section 39 of this Act.

“(8)

For the purposes of this section, every reference to the Tribunal shall be read as a reference to the Chairman of the Tribunal acting alone.

“(9)

“(10)

Every penalty recovered in an action under this section shall be paid to the Registrar of the Tribunal and not to the plaintiff.

“(11)

The Tribunal may order that the whole or part of any penalty recovered shall be paid to the plaintiff.

“15g Contribution or indemnity in respect of unlawful discrimination

“(1)

Where—

“(a)

Any employer is liable to pay any penalty or other sum under section 15f of this Act; and

“(b)

Any person has, before the contravention, threatened expressly or by implication that unless the employer contravenes section 15c 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 15f 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 or workers’ organisation or society of workers, that union or association or workers’ organisation or society of workers shall also be liable to make contribution under this section towards any penalty or other sum ordered to be paid under section 15f 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 or workers’ organisation or society of workers shall be such as may be found by the Tribunal to be just and equitable having regard to the extent of the responsibility of that person or union or association or workers’ organisation or society of workers for the employer’s contravention of section 15c of this Act; and the Tribunal shall have power to exempt any person or union or association or workers’ organisation or society of workers from liability to make contribution, or to direct that the contribution to be recovered from any person or union or association or workers’ organisation or society of workers shall amount to a complete indemnity.

“(4)

Where a defendant claims as against any person, union, association, workers’ organisation, or society of workers not already a party to proceedings for the recovery of a penalty under section 15f 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 Tribunal 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.

“15h 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 15f(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 15f(6)(b)(i) of this Act; or

“(c)

Abets any person in his wilful failure to comply with an order for reinstatement under section 15f(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 15f(6)(b)(i) of this Act.

“(2)

The Tribunal 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 Tribunal shall be read as a reference to the Chairman of that Tribunal acting alone.

“(4)

“(5)

An action for the recovery of a penalty under this section may be brought only by a person or agricultural worker who alleges that he has not been reinstated under the order to which the action relates.

“(6)

“(7)

“(8)

Every penalty recovered in an action under this section shall be paid to the Registrar of the Tribunal and not to the plaintiff.

“(9)

The Tribunal may order that the whole or any part of any penalty recovered shall be paid to the plaintiff.

“15i Strikes and lockouts in respect of union membership

“(1)

Every person is liable to a penalty not exceeding $5,000 who, being an agricultural worker, strikes for the purpose, wholly or partly, of inducing an employer to contravene section 15c of this Act.

“(2)

Every person is liable to a penalty not exceeding $5,000 who, being an employer, locks out any agricultural workers for the purpose, wholly or partly, of inducing those agricultural workers or any of them—

“(a)

To become or remain members of a workers’ organisation or society of workers; or

“(b)

To cease to be members of a workers’ organisation or society of workers; or

“(c)

Not to become members of a workers’ organisation or society of workers.

“(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 an agricultural 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 society or organisation, 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 or society or organisation 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.

“15j Secondary strikes and lockouts in respect of union membership

“(1)

Every person is liable to a penalty not exceeding $5,000 who, being an agricultural worker, strikes for the purpose, wholly or partly, of expressing opposition—

“(a)

To the membership or non-membership of any workers’ organisation or society of workers by any other worker or workers in the employment of any other employer; or

“(b)

To the membership or non-membership of any union (within the meaning of the Industrial Relations Act 1973) by any worker or workers (within the meaning of that Act) in the employment of any other employer (being an employer within the meaning of that Act).

“(2)

Every person is liable to a penalty not exceeding $5,000 who, being an employer, locks out any agricultural workers, for the purpose, wholly or partly, of expressing opposition—

“(a)

To the membership or non-membership of any workers’ organisation or society of workers by any worker or workers in the employment of any other employer; or

“(b)

To the membership or non-membership of any union (within the meaning of the Industrial Relations Act 1973) by any worker or workers (within the meaning of that Act) in the employment of any other employer being an employer (within the meaning of that Act).

“(3)

“(a)

If an agricultural 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 society or organisation, 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 or society or organisation or employer, to a penalty not exceeding $3,000.

“(4)

“(5)

Nothing in section 15i 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 15i of this Act in respect of the same act.

“15k Proceedings relating to strikes and lockouts (including secondary strikes and lockouts) in respect of union membership

“(1)

The Tribunal shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under section 15i or section 15j of this Act.

“(2)

For the purposes of this section, every reference to the Tribunal shall be read as a reference to the Chairman of that Tribunal acting alone.

“(3)

A penalty recoverable under section 15i or section 15j of this Act shall be recovered in the same manner, with all necessary modifications, as a penalty for a breach of an award under the Industrial Relations Act 1973; and sections 151 to 157 of that Act (except subsections (1), (5), and (6) of section 151) shall apply accordingly with all necessary modifications.

“(4)

An action for the recovery of a penalty under section 15i or section 15j 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.

“(5)

Where, in any action for the recovery of a penalty under section 15i or section 15j of this Act in respect of a strike or in any civil proceedings taken under section 15i(4) or section 15j(4) of this Act in respect of a strike, it is proved that the agricultural 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 15c of this Act; or

“(b)

For the purpose, wholly or partly, of expressing opposition—

“(i)

To the membership or non-membership of any workers’ organisation or society of workers by any other worker or workers in the employment of any other employer; or

“(ii)

the burden of proving that the strike was not wholly or partly for that purpose shall lie on the defendant.

“(6)

Where, in any action for the recovery of a penalty under section 15i or section 15j of this Act in respect of a lockout or in any civil proceedings taken under section 15i(4) or section 15j(4) of this Act in respect of a lockout, it is proved that the employer locked out agricultural 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 workers’ organisation or society of workers; or

“(ii)

To cease to be members of a workers’ organisation or society of workers; or

“(iii)

Not to become members of a workers’ organisation or society of workers; or

“(b)

For the purpose, wholly or partly, of expressing opposition—

(i)

To the membership or non-membership of any workers’ organisation or society of workers by any worker or workers in the employment of any other employer; or

(ii)

the burden of proving that the lockout was not wholly or partly for that purpose shall lie on the defendant.

“(7)

The Tribunal may delegate to any District Court Judge named by it its powers and functions to deal with an action under section 15i or section 15j of this Act for the recovery of a penalty and the provisions of section 49 of the Industrial Relations Act 1973 (except those of subsection (6)), shall, with all necessary modifications, apply accordingly.

“(8)

Where an action for the recovery of a penalty is taken under section 15i or section 15j of this Act, the Tribunal or the duly appointed delegate of the Tribunal, as the case may require, shall set a date for the hearing of the action as a matter of urgency.

“(9)

The Tribunal may order that the whole or any part of any penalty recovered shall be paid to the plaintiff.

“15l Appeal on a question of law

“(1)

Any person who is directly affected by any decision of a delegate of the Tribunal acting under the authority of section 49 of the Industrial Relations Act 1973 as applied by section 15e(7) or section 15f(9) or section 15h(6) or section 15k(7) 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 Tribunal on that question of law only.

“(2)

Every appeal under this section shall be dealt with in accordance with regulations made under this Act.”

4 Repeal

Section 41 of the principal Act is hereby repealed.

This Act is administered in the Department of Labour.

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