Aircrew Industrial Amendment Act 1983
Aircrew Industrial Amendment Act 1983
Aircrew Industrial Amendment Act 1983
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Aircrew Industrial Amendment Act 1983
Public Act |
1983 No 107 |
|
Date of assent |
16 December 1983 |
|
Contents
An Act to amend the Aircrew Industrial Tribunal Act 1971
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 Aircrew Industrial Tribunal Amendment Act 1983, and shall be read together with and deemed part of the Aircrew Industrial Tribunal Act 1971 (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 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)
Means all matters pertaining to the remuneration or other terms or conditions of service or employment of, or affecting or relating to work done or to be done by, aircrew officers employed or to be employed by airline employers; and
“(b)
Includes—
“(i)
All matters affecting the privileges, rights, and duties of unions of aircrew officers or of associations of aircrew officers or of the officers of any such union or organisation; 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 union of aircrew officers or of an organisation of aircrew officers 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 or a society, association, or other organisation of aircrew officers, of any preference of a kind described in paragraph (a) or paragraph (b) or paragraph (c) of section 5b(1) of this Act:”.
(2)
Section 2 of the principal Act is hereby amended by inserting, after the definition of the term “Registrar”
, the following definition:
“‘Society of aircrew officers’ or ‘association of aircrew officers’ or ‘organisation of aircrew officers’ means, for the purposes of sections 5a to 5k of this Act, a society or association or organisation of persons lawfully associated for the purpose of protecting or furthering the interests of aircrew officers:”.
3 New sections substituted
The principal Act is hereby amended by repealing section 4 (as amended by section 234(1) of the Industrial Relations Act 1973) and section 5 (as amended by section 234(1) of the Industrial Relations Act 1973 and by section 6(2) of the Industrial Relations Amendment Act 1977), and substituting the following sections:
“4 Application of Industrial Relations Act 1973
Except as expressly provided in this Act, the Industrial Relations Act 1973 shall not apply to aircrew officers or to the employment of aircrew officers.
“5 Industrial unions of airline employers and aircrew officers
“(1)
Any society, association, or other organisation existing or carried on for the purpose, or for purposes that include the purpose, of furthering the interests of airline employers or of aircrew officers who are members of the society, association, or organisation may be registered or, if already registered, continue to be registered under the Industrial Relations Act 1973 as an industrial union of employers or workers under that Act, as the case may require; and the provisions of Parts XII and XIII of that Act, so far as they are applicable, shall apply to the society, association, or organisation accordingly, subject to the following modifications:
“(a)
Section 167 shall be read as if the following proviso were added:
“‘Provided that in relation to any matter within the jurisdiction of the Aircrew Industrial Tribunal, or of any conciliation council, constituted under the Aircrew Industrial Tribunal Act 1971, every union of airline employers or union of aircrew officers, and all persons who are members thereof, or who after registration become members thereof, shall be subject to the jurisdiction conferred by that Act on the Tribunal and on any such council, and be liable to the provisions of that Act’:
“(b)
Section 175 shall be read as if there were omitted from paragraph (e) the words ‘collective agreements and any other’, and as if there were substituted for the words ‘a conciliation council or the Court’ the words ‘the Aircrew Industrial Tribunal, or a conciliation council, constituted under the Aircrew Industrial Tribunal Act 1971’:
“(c)
Section 193 shall be read as if there were substituted for the word ‘Court’ in subsection (3) the words ‘Aircrew Industrial Tribunal’, and as if subsections (5) and (6) were repealed:
“(d)
Section 196 shall be read as if there were substituted for the word ‘Court’ in paragraph (c) of subsection (1), the words ‘Aircrew Industrial Tribunal’.
“(2)
In any proceedings before the Tribunal or a council, any organisation of aircrew officers or airline employers and any airline employer, not being a party to the proceedings, shall be entitled to make written submissions to the Tribunal or council if, in the opinion of the Tribunal or the chairman of the council, as the case may be, any such organisation or its members or any such airline employer may in any manner be affected by the outcome of the proceedings.
“5a Voluntary union membership
“(1)
Nothing in any award or in any record certified under section 30 of this Act or in any other agreement between one or more aircrew officers or a society, association, or other organisation of aircrew officers and an airline employer or airline employers shall require any person—
“(a)
To become or remain a member of any union or any society, association, or other organisation of aircrew officers; or
“(b)
To cease to be a member of any union or any society, association, or other organisation of aircrew officers; or
“(c)
Not to become a member of any union or any society, association, or other organisation of aircrew officers.
“(2)
Where any award or any record certified under section 30 of this Act or any other agreement between one or more aircrew officers or a society, association, or other organisation of aircrew officers and an airline employer or airline employers, including any such award or record or agreement in force on the commencement of this section, 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.
“5b Prohibition on preference
“(1)
Except as otherwise expressly provided in this Act, nothing in any award or in any record certified under section 30 of this Act or in any other agreement made between one or more aircrew officers or a society, association, or other organisation of aircrew officers and an airline employer or airline employers shall confer on any person, by reason of that person’s membership or non-membership of a union or a society, association, or other organisation of aircrew officers,—
“(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 record certified under section 30 of this Act or any other agreement between one or more aircrew officers or a society, association, or other organisation of aircrew officers and an airline employer or airline employers, including any such award or record 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, record, or agreement to which subsection (1) of this section applies making provision for aircrew officers or any union or any society, association, or other organisation of aircrew officers to hold a stop-work meeting in the employer’s time.
“5c Discrimination
It shall be unlawful for an airline 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 a society, association, or other organisation of aircrew officers or intends to become a member of a union or a society, association, or other organisation of aircrew officers; or
“(ii)
Is not a member of a union or a society, association, or other organisation of aircrew officers or intends to cease to be a member of a union or a society, association, or other organisation of aircrew officers or intends not to become a member of a union or a society, association, or other organisation of aircrew officers; or
“(b)
To dismiss any aircrew officer or subject any aircrew officer to any detriment on the grounds that that aircrew officer—
“(i)
Is a member of a union or a society, association, or other organisation of aircrew officers or intends to become a member of a union or a society, association, or other organisation of aircrew officers; or
“(ii)
Is not a member of a union or a society, association, or other organisation of aircrew officers or intends to cease to be a member of a union or a society, association, or other organisation of aircrew officers or intends not to become a member of a union or a society, association, or other organisation of aircrew officers; or
“(c)
When determining whether an aircrew officer will be dismissed by reason of redundancy, to have regard to whether that aircrew officer—
“(i)
Is a member of a union or a society, association, or other organisation of aircrew officers or intends to become a member of a union or a society, association, or other organisation of aircrew officers; or
“(ii)
Is not a member of a union or a society, association, or other organisation of aircrew officers or intends to cease to be a member of a union or a society, association, or other organisation of aircrew officers or intends not to become a member of a union or a society, association, or other organisation of aircrew officers; or
“(d)
When determining, in relation to any aircrew officer, the formula that will be used to assess compensation for redundancy, to have regard to whether that aircrew officer—
“(i)
Is a member of a union or a society, association, or other organisation of aircrew officers or intends to become a member of a union or a society, association, or other organisation of aircrew officers; or
“(ii)
Is not a member of a union or a society, association, or other organisation of aircrew officers or intends to cease to be a member of a union or a society, association, or other organisation of aircrew officers or intends not to become a member of a union or a society, association, or other organisation of aircrew officers.
“5d Restraint on making of awards, etc.
“(1)
No award shall be made under this Act and no record shall be certified or filed under section 30 of this Act if that award or record contains any provision that contravenes any of the provisions of section 5a or section 5b of this Act.
“(2)
Where any award made under this Act, or any record certified or filed under section 30 of this Act, contains a provision that contravenes any of the provisions of section 5a or section 5b of this Act, that provision shall, notwithstanding its making or certification or filing, be of no effect.
“5e Undue influence
“(1)
No person shall exert undue influence on any aircrew officer with intent to induce that aircrew officer—
“(a)
To become or remain a member of a union or a society, association, or organisation of aircrew officers; or
“(b)
To cease to be a member of a union or a society, association, or organisation of aircrew officers; or
“(c)
Not to become a member of a union or a society, association, or organisation of aircrew officers; or
“(d)
On account of the fact that that aircrew officer is, or, as the case may be, is not, a member of a union or a society, association, or organisation of aircrew officers, 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 aircrew officer 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 association 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 airline employer, to a penalty not exceeding $1,500:
“(d)
If a union, association, or airline 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 the 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 aircrew officer or by the union, society, association, or organisation to which the aircrew officer 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 aircrew officer if that person—
“(a)
Threatens the aircrew officer or any relative of the aircrew officer with violence, or with any loss or detriment; or
“(b)
Indulges in an intimidatory course of action towards the aircrew officer or any relative of the aircrew officer; or
“(c)
Directly or indirectly causes the aircrew officer or any relative of the aircrew officer 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.
“5f Relief in respect of unlawful discrimination
“(1)
Where any airline employer contravenes section 5c of this Act, that airline employer shall be liable to a penalty not exceeding $500 to be recovered at the suit of the person or aircrew officer 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)
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.
“(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 airline employer—
“(a)
Refused or omitted to employ the person; or
“(b)
Dismissed the aircrew officer; or
“(c)
Determined that the aircrew officer would be dismissed by reason of redundancy,—
it shall be for the airline employer to prove that he did not contravene section 5c of this Act.
“(6)
If any action for the recovery of a penalty is taken under this section, and judgment is given against the airline 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 aircrew officer of a sum equal to the whole of the wages lost by the person or aircrew officer as a result of the contravention of section 5c of this Act; and
“(b)
May also, in its discretion, make an order for—
“(i)
The reinstatement of the person or aircrew officer in his former position or in a position not less advantageous to him; or
“(ii)
The payment to the person or aircrew officer by the airline 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 Tribunal were inquiring into the matter pursuant to section 47 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 that Tribunal acting alone.
“(9)
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.
“(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 any part of any penalty recovered shall be paid to the plaintiff.
“5g Contribution or indemnity in respect of unlawful discrimination
“(1)
Where—
“(a)
Any airline employer is liable to pay any penalty or other sum under section 5f of this Act; and
“(b)
Any person has, before the contravention, threatened expressly or by implication that unless the airline employer contravenes section 5c 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 airline 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 5f 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, society, association, or organisation, that union, society, association, or organisation shall also be liable to make contribution under this section towards any penalty or other sum ordered to be paid under section 5f of this Act.
“(3)
In any proceedings for contribution under this section, the amount of the contribution recoverable from any person, union, society, association, or organisation 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, union, society, association, or organisation for the airline employer’s contravention of section 5c of this Act; and the Tribunal shall have power to exempt any person, union, society, association, or organisation from liability to make contribution, or to direct that the contribution to be recovered from any person, union, society, association, or organisation shall amount to a complete indemnity.
“(4)
Where a defendant claims as against any person, union, society, association, or organisation not already a party to proceedings for the recovery of a penalty under section 5f 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.
“5h 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 5f(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 5f(6)(b)(i) of this Act; or
“(c)
Abets any person in his wilful failure to comply with an order for reinstatement under section 5f(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 5f(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)
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.
“(5)
An action for the recovery of a penalty under this section may be brought only by a person or aircrew officer who alleges that he has not been reinstated under the order to which the action relates.
“(6)
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.
“(7)
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.
“(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.
“5i Strikes and lockouts in respect of union membership
“(1)
Every person is liable to a penalty not exceeding $5,000 who, being an aircrew officer, strikes for the purpose, wholly or partly, of inducing an airline employer to contravene section 5c of this Act.
“(2)
Every person is liable to a penalty not exceeding $5,000 who, being an airline employer, locks out any aircrew officers for the purpose, wholly or partly, of inducing those aircrew officers or any of them—
“(a)
To become or remain members of a union or a society, association, or other organisation of aircrew officers; or
“(b)
To cease to be members of a union or a society, association, or other organisation of aircrew officers; or
“(c)
Not to become members of a union or a society, association, or other organisation of aircrew officers.
“(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 aircrew officer 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 association 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 airline employer, to a penalty not exceeding $1,500:
“(d)
If a union or society or association or organisation or airline 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.
“5j Secondary strikes and lockouts in respect of union membership
“(1)
Every person is liable to a penalty not exceeding $5,000 who, being an aircrew officer, strikes for the purpose, wholly or partly, of expressing opposition—
“(a)
To the membership or non-membership of any union or any society, association, or other organisation of aircrew officers by any other aircrew officer or aircrew officers in the employment of any other airline 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 airline employer, locks out any aircrew officers, for the purpose, wholly or partly, of expressing opposition—
“(a)
To the membership or non-membership of any union or any society, association, or other organisation of aircrew officers by any aircrew officer or aircrew officers in the employment of any other airline 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)
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 aircrew officer 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 association 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 airline employer, to a penalty not exceeding $1,500:
“(d)
If a union or society or association or organisation or airline 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 5i 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 5i of this Act in respect of the same act.
“5k 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 5i or section 5j 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 5i or section 5j 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 5i or section 5j 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 5i or section 5j of this Act in respect of a strike or in any civil proceedings taken under section 5i(4) or section 5j(4) of this Act in respect of a strike, it is proved that the aircrew officer 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 airline employer to contravene section 5c of this Act; or
“(b)
For the purpose, wholly or partly, of expressing opposition—
“(i)
To the membership or non-membership of any union or any society, association, or other organisation of aircrew officers by any other aircrew officer or aircrew officers in the employment of any other airline employer; or
“(ii)
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),—
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 5i or section 5j of this Act in respect of a lockout or in any civil proceedings taken under section 5i(4) or section 5j(4) of this Act in respect of a lockout, it is proved that the airline employer locked out aircrew officers and that there are reasonable grounds for believing that the lockout was—
“(a)
For the purpose, wholly or partly, of inducing those aircrew officers or any of them—
“(i)
To become or remain members of a union or a society, association, or other organisation of aircrew officers; or
“(ii)
To cease to be members of a union or a society, association, or other organisation of aircrew officers; or
“(iii)
Not to become members of a union or a society, association, or other organisation of aircrew officers; or
“(b)
For the purpose, wholly or partly, of expressing opposition—
“(i)
To the membership or non-membership of any union or any society, association, or other organisation of aircrew officers by any aircrew officer or aircrew officers in the employment of any other airline employer; or
“(ii)
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),—
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 5i or section 5j 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 5i or section 5j 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.
“5l 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 5e(7) or section 5f(9) or section 5h(6) or section 5k(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 Consequential repeals
(1)
The Industrial Relations Act 1973 is hereby amended by repealing so much of the Third Schedule as relates to sections 4 and 5 of the Aircrew Industrial Tribunal Act 1971.
(2)
The Industrial Relations Amendment Act 1977 is hereby consequentially amended by repealing so much of the Second Schedule as relates to the Aircrew Industrial Tribunal Act 1971.
5 New sections substituted
The principal Act is hereby amended by repealing section 47 (as amended by section 3 of the Aircrew Industrial Tribunal Amendment Act 1978), and substituting the following sections:
“47 Settlement of personal grievances
“(1)
For the purposes of this section and section 47a of this Act, ‘personal grievance’—
“(a)
Means any grievance that an aircrew officer 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 aircrew officers of the same class employed by the employer) affects his employment to his disadvantage; but
“(b)
Does not include any grievance that an aircrew officer 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 aircrew officer’s membership or non-membership of—
“(i)
A union; or
“(ii)
A society, association, or other organisation of aircrew officers.
“(2)
As soon as practicable after a personal grievance arises, the aircrew officer 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 an aircrew officer and his immediate supervisor might be appropriate,—
the aircrew officer, unless he elects to act on his own behalf, may notify a representative of a union or of any society, association, or other organisation of aircrew officers to which he belongs or any agent whom he wishes to act on his behalf.
“(4)
The person notified, if he considers it appropriate, shall forthwith take the matter up on behalf of the aircrew officer with the employer or his representative.
“(5)
If—
“(a)
The aircrew officer elects to act on his own behalf; or
“(b)
No representative notified under subsection (3) of this section takes the matter up,—
the aircrew officer 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, it may be referred to the Tribunal for settlement.
“(7)
The reference to the Tribunal may be made—
“(a)
By the employer or his representative; or
“(b)
By the aircrew officer or his agent; or
“(c)
By both the employer or his representative and the aircrew officer or his agent; or
“(d)
Where the grievance, following notification under subsection (3) of this section, has been taken up by a representative of the aircrew officer’s union or of any society, association, or other organisation of aircrew officers to which the aircrew officer belongs, by—
“(i)
That union, society, association, or organisation; or
“(ii)
Both that union, society, association, or organisation and the employer or his representative.
“(8)
The Tribunal, after enquiring fully into the matter and considering all representations made by or on behalf of the parties, shall make a decision or award by way of final settlement, which shall be binding on all the parties.
“47a 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 section 47 of this Act relating to the settlement of a personal grievance are being observed, the employer shall not, by reason only of the involvement of any aircrew officer in the circumstances out of which the grievance arose, dismiss that aircrew officer.
“47b Statements and information privileged
Any statements made or information given in the course of any proceedings that, following a reference under section 47(6) of this Act, are before the Tribunal and are in respect of an alleged unjustifiable dismissal shall be absolutely privileged.
“47c Relief
In the case of an alleged unjustifiable dismissal, any final settlement, decision, or award made by the Tribunal pursuant to section 47(8) 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.”
6 Repeal
Section 3 of the Aircrew Industrial Tribunal Amendment Act 1978 is hereby consequentially repealed.
This Act is administered in the Department of Labour.
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Versions
Aircrew Industrial Amendment Act 1983
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