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[F.A.Q.]
Papua New Guinea Consolidated Legislation |
Chapter 174.
Industrial Relations Act 1962.
Certified on: / /20 .
INDEPENDENT
STATE OF PAPUA NEW GUINEA.
Chapter 174.
Industrial Relations Act 1962.
ARRANGEMENT OF SECTIONS.
1. Interpretation.
2. Application.
3. Delegation.
4. Establishment of Councils.
5. Functions of Councils.
6. Establishment of Boards.
7. Functions of Boards.
8. Meetings of Boards.
9. Publication of reports.
9A. Interpretation.
9B. Establishment etc., of National Tripartite Consultative Council.
9C. Alternates.
9D. Vacation of office of members representing employers’ and employees’.
9E. Functions of the Council.
9F. Meetings of the Council.
9G. Quorum for meeting.
9H. Recommendations or minutes of the Council.
9I. Office of the Secretariat to the Council.
9J. Office of the Director of the Secretariat.
9K. Committees.
9L. Functions of the Committee.
10. Establishment of Minimum Wages Board.
11. Conditions of employment of Chairman.
12. Oath and affirmation of office.
13. Meetings of Minimum Wages Board.
14. Reference of matters to Minimum Wages Board.
15. Effect of reference.
16. Determinations by Minimum Wages Board.
17. Inconsistency with other determinations, etc.
18. Establishment of Tribunals.
19. Oath and affirmation of office.
20. Vacancies.
21. Making of awards.
22. Duties of Inspectors.
23. Powers of Inspectors.
24. Inquiries into industrial disputes, etc.
25. Report of industrial disputes.
26. Negotiated settlements.
27. Assistance during negotiations.
28. Compulsory conferences.
29. Reference of disputes to Tribunals.
30. Special provision for certain disputes.
31. Inquiry on reference.
32. Awards by Tribunals.
32A. Boards of Reference.
33. Filing and registration of agreements.
34. Preference to members of organizations.
35. Limitation of awards to industrial matters.
36. Retrospectivity of awards.
37. Application of awards in certain cases.
38. Inconsistency with other awards and determinations.
39. Awards restricting employment.
40. Registration of awards.
41. Reference of award or determination to National Executive Council.
42. Disallowance of awards, etc.
43. Publication of awards, etc.
44. Effect of awards, etc.
45. Copies of awards, etc.
46. Declaration of common rules.
47. Effect of gazettal of common rules.
48. Period of common rules.
49. Exclusion of other arbitration provisions.
50. Regulation of proceedings.
51. Mediation.
52. Evidence.
53. Representation.
54. Publicity of proceedings.
55. Protection of trade secrets, etc.
56. Inspection of books, etc.
57. Direction to register.
58. Failure to comply with awards, etc.
59. Powers of National Court as to enforcement of awards, etc.
60. Unauthorized publication.
61. Failure to answer questions, etc.
62. Offences in relation to hearings.
63. Injuring employee or employer on account of industrial action.
64. Penalties imposed by organizations on persons observing awards.
65. Contracts entered into by agents of employers.
66. Fees and allowances.
67. Delegation of duties, etc., of employers.
68. Regulations.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Industrial Relations Act 1962,
Being an Act relating to the better development of industrial relations and the prevention and settlement of industrial disputes, to be incorporated and read as one with the Industrial Organizations Act 1962.
PART I. – PRELIMINARY.
1. INTERPRETATION.
“award” means–
(a) an award made by a Tribunal in respect of an industrial dispute referred to it under Section 29 or 30; or
(b) an agreement deemed to be an award by virtue of Section 33;
“Board of Inquiry” means a Board of Inquiry established under Section 6;
“common rule” means a registered award declared to be a common rule under Section 46;
“Industrial Council” means an Industrial Council formed under Section 4;
“the Minimum Wages Board” means the Minimum Wages Board established by Section 10;
“party”, in relation to a matter arising before a Tribunal, a Board of Inquiry, the Minimum Wages Board or the Departmental Head in connection with any provision of this Act, includes any person who, in its or his opinion, ought properly to be treated as a party;
“registered award” means an award that has been–
(a) registered by the Registrar; and
(b) notified in the National Gazette,
in accordance with this Act;
“registered determination of the Minimum Wages Board” means a determination of the Minimum Wages Board in respect of a matter referred to it under Section 14 that has been–
(a) registered by the Registrar; and
(b) notified in the National Gazette,
in accordance with this Act;
“the regulations” means any regulations made under this Act;
“this Act” includes the regulations;
“Tribunal” means an Arbitration Tribunal established under Section 18.
2. APPLICATION.
(2) This Act does not apply to or in relation to a matter or thing to which the Public Services Conciliation and Arbitration Act 1969 or the Teaching Service Conciliation and Arbitration Act 1971, or any other law relating to the settlement of trade or industrial disputes, applies.
3. DELEGATION.
PART II. – INDUSTRIAL MATTERS GENERALLY.
Division 1.
Industrial Councils.
4. ESTABLISHMENT OF COUNCILS.
(a) fostering the improvement of industrial relations between those employers and employees; and
(b) encouraging the free negotiation of the terms and conditions of employment of those employees; and
(c) promoting the peaceful settlement of disputes or differences as to the terms and conditions of employment of those employees.
(2) An Industrial Council formed under Subsection (1) shall consist of–
(a) such representatives of the employers and employees; and
(b) such members of any registered organizations representing the employers or employees,
as the employers and employees, or the registered organizations, as the case may be, determine.
(3) The members of an Industrial Council–
(a) shall appoint, or may request the Departmental Head to appoint, as occasion requires one of their number to be Chairman of the Council; and
(b) may terminate the appointment of the Chairman of the Council at any time.
(4) The method of calling of, and the procedure to be followed at, meetings of an Industrial Council are as determined by it.
5. FUNCTIONS OF COUNCILS.
(a) make arrangements for the alteration of, or for the settlement of disputes or differences as to, the terms and conditions of employment of the employees represented on the Council by–
(i) free negotiation; or
(ii) conciliation or arbitration otherwise than under Part III.; or
(b) subject to Section 33, agree as to such terms and conditions of employment.
Division 2.
Boards of Inquiry.
6. ESTABLISHMENT OF BOARDS.
(2) A Board of Inquiry shall consist of–
(a) a Chairman; and
(b) not less than three other members (of whom at least one shall not be an officer of the Public Service),
appointed by the Head of State, acting on advice, by notice in the National Gazette.
7. FUNCTIONS OF BOARDS.
(2) In respect of each matter referred to it under this Act, a Board of Inquiry shall submit a report to the Minister without delay.
(3) A Board of Inquiry may, if it thinks fit, make an interim report pending the submission of a report under Subsection (2).
(4) A Board of Inquiry may authorize a member of the Board to inquire into and report to it on any aspect of a matter referred to it under this Act.
(5) A member of a Board of Inquiry authorized under Subsection (4) has and may exercise for the purposes of the inquiry and report all the powers and functions of a Board of Inquiry under this Act.
8. MEETINGS OF BOARDS.
(2) At a meeting of a Board of Inquiry–
(a) the Chairman shall preside; and
(b) all matters shall be determined in accordance with the majority of the votes of the members present; and
(c) in the event of an equality of votes on a matter, the Chairman has a casting, as well as a deliberative, vote.
(3) A Board of Inquiry may continue to act notwithstanding a vacancy in the office of a member of the Board, and an act, proceeding or requirement of a Board shall not be questioned or invalidated by reason only of a vacancy having occurred in the office of a member of the Board.
(4) Subject to this Act, the procedures of a Board of Inquiry are as determined by it.
9. PUBLICATION OF REPORTS.
(a) the whole or any part of a report or interim report by a Board of Inquiry in respect of a matter referred to it under this Act; or
(b) any information obtained by a Board of Inquiry in the course of an inquiry under this Act.
Division 2A.[1]
National Tripartite Consultative Council.
9A. INTERPRETATION.
9B. ESTABLISHMENT ETC., OF NATIONAL TRIPARTITE CONSULTATIVE COUNCIL.
(2) The Council shall consist of–
(a) the following Ministers representing the Government:–
(i) the Minister responsible for labour and employment matters, who shall be the Chairman of the Council; and
(ii) the Minister responsible for finance and planning matters; and
(iii) the Minister responsible for trade and industry matters; and
(iv) the Minister responsible for minerals and energy matters; and
(b) six members representing the following employer groups:–
(i) Employers’ Federation of Papua New Guinea; and
(ii) Papua New Guinea Chamber of Commerce; and
(iii) Lae Chamber of Commerce; and
(iv) Papua New Guinea Chamber of Mines and Petroleum; and
(v) Rural Industries Council; and
(c) six members representing the following employee groups:–
(i) public sector unions; and
(ii) private sector unions.
(3) The members of the Council referred to–
(a) in Subsection (2)(b) shall be appointed by notice in the National Gazette by the Minister after consultation with the employer groups referred to; and
(b) in Subsection (2)(c)–shall be appointed by notice in the National Gazette by the Minister after consultation with the Trade Union Congress,
for a term of two years and are eligible for re-appointment.
(4) Each member referred to in Subsection (2)(b) and (c) shall be paid an attendance fee and allowances as are fixed by the Minister responsible for finance and planning matters.
9C. ALTERNATES.
(2) In the event of the inability of a member to carry out his functions, his alternate member has and may exercise all the powers, functions, duties and responsibilities of the member and this Act applies accordingly.
(3) The alternate member may attend all meetings of the Council but shall not, except where he is attending in the absence of the member, take part in the proceedings or be counted towards a quorum.
9D. VACATION OF OFFICE OF MEMBERS REPRESENTING EMPLOYERS’ AND EMPLOYEES’.
(a) becomes permanently incapable of performing his duties; or
(b) resigns his office by written notice to the Chairman; or
(c) is absent from any three consecutive meetings of the Council; or
(d) nominates for election to, or becomes a member of, the National Parliament or of a provincial legislature,
the Minister shall terminate his appointment.
(2) Where–
(a) in the case of a member referred to in Section 9B(2)(b)–the groups referred to in that Paragraph; or
(b) in the case of a member referred to in Section 9B(2)(c)–the Trade Union Congress,
request the Minister to terminate the appointment of the member, the Minister shall comply with the request .
(3) The Minister may, at any time, by written notice, advise a member referred to in Section 9B(2)(b) or (c) of his intention to terminate the appointment of the member for inability, inefficiency, incapacity or misbehaviour, as the case may be.
(4) If the member referred to in Subsection (3) fails, within 14 days of receipt of the notice referred to in that subsection, to reply by written notice to the satisfaction of the Minister responsible for labour and employment matters, his appointment is terminated.
(5) Where the appointment of a member is terminated under this section, the Minister responsible for labour and employment shall, by notice in the National Gazette, declare his office vacant.
(6) Where an office is declared vacant under Subsection (5), the vacancy shall be filled in accordance with Section 9B(3).
9E. FUNCTIONS OF THE COUNCIL.
(a) seeking ways and methods of improving the climate of industrial relations throughout the working environment; and
(b) fostering a continual interchange of views between the Government and representatives of both employers and employees throughout all formal business sectors; and
(c) giving practical reality to the views referred to in Paragraph (b) by encouraging representatives of employers and employees to take such action as to ensure that the views become working measures in the industrial and commercial environment; and
(d) promoting the use of modern management techniques and the use of such industrial practices as will lead to a proper understanding between all parties concerned and encourage the taking of action which will increase harmony at the work place; and
(e) promoting industrial harmony between citizens and non-citizens of the working community.
9F. MEETINGS OF THE COUNCIL.
(2) A third or any subsequent meeting of the Council may only be held in any one year where at least two of the following groups constituting the Council so request the Minister:–
(a) the group of Ministers representing the Government referred to in Section 9B(2)(a); and
(b) the group of members representing employer groups referred to in Section 9B(2)(b); and
(c) the group of members representing employee groups referred to in Section 9B(2)(c).
(3) At a meeting of the Council–
(a) the Chairman shall preside; and
(b) all matters before the Council shall be those on an agenda previously set by the members of the Council; and
(c) all matters shall be agreed upon through consensus and not by the taking of a vote; and
(d) where after discussion in relation to a matter no consensus is reached, the matter shall be closed and may then be referred to a subsequent meeting for further discussion.
(4) The Council may make only recommendations to the National Executive Council in relation to a matter.
9G. QUORUM FOR MEETING.
(a) at least two members of those members referred to in Section 9B(2)(a); and
(b) at least three members of those members referred to in Section 9B(2)(b); and
(c) at least three members of those members referred to in Section 9B(2)(c).
9H. RECOMMENDATIONS OR MINUTES OF THE COUNCIL.
(a) government body; or
(b) State Service; or
(c) authority or instrumentality or other body (corporate or unincorporate),
established by or under Constitutional Law or an Act of the Parliament and declared by the Minister, by notice in the National Gazette, to be a public authority.
(2) All recommendations or minutes of the Council in relation to any matter shall be submitted to the National Executive Council.
(3) If the National Executive Council approves a recommendation or part of a recommendation of the Council, it shall direct–
(a) the Chairman of the Council; or
(b) a public authority to whom the recommendation relates,
to take such appropriate legislative or other measures as are necessary to ensure that such recommendations are brought into effect.
9I. OFFICE OF THE SECRETARIAT TO THE COUNCIL.
(2) The Departmental Head of the Department of Personnel Management shall, in relation to the Office of the Secretariat, create an office and provide adequate staff, for the purposes of the Secretariat.
9J. OFFICE OF THE DIRECTOR OF THE SECRETARIAT.
(2) The tenure of office of the Director together with the terms and conditions of employment are as determined by the Head of State, acting on the advice of the Minister.
(3) The Director shall–
(a) be responsible to the Minister for all policy matters relating to the deliberations of the Council; and
(b) be responsible to the Secretary of the Department responsible for labour and employment matters for all administrative matters relating to the office of the Secretariat.
9K. COMMITTEES.
(a) two of the members referred to in Section 9B(2)(a) of whom one shall be the Chairman; and
(b) two of the members referred to in Section 9B(2)(b); and
(c) two of the members referred to in Section 9B(2)(c).
(2) Meetings of the Committee shall be held at such times and places as the Chairman may determine.
(3) At any meeting of the Committee the quorum shall be at least three members each member representing his respective group referred to in Subsection (1)(a), (b) and (c).
9L. FUNCTIONS OF THE COMMITTEE.
(a) to monitor progress of activities and programmes of the Council; and
(b) formulate agendas for the Council meeting; and
(c) ensure that action plans based on Council resolutions are carried out by the Secretariat; and
(d) formulate and approve press statements for the Chairman to release.
Division 3.
Minimum Wages Board.
10. ESTABLISHMENT OF MINIMUM WAGES BOARD.
(2) The Minimum Wages Board shall consist of–
(a) a Chairman; and
(b) not less than four other members,
appointed by the Head of State, acting on advice, by notice in the National Gazette.
(3) The members of the Minimum Wages Board referred to in Subsection 2(b) shall be appointed ad hoc for each particular matter referred to the Board under this Act.
(4) If the membership of the Minimum Wages Board for the purposes of any matter referred to it includes a representative or representatives of employers or employees, the members shall be appointed in such a way as to ensure equal numbers of employers’ and employees representatives.
11. CONDITIONS OF EMPLOYMENT OF CHAIRMAN.
12. OATH AND AFFIRMATION OF OFFICE.
13. MEETINGS OF MINIMUM WAGES BOARD.
(2) At a meeting of the Minimum Wages Board–
(a) the Chairman shall preside; and
(b) all matters shall be determined in accordance with the majority of the votes of the members present; and
(c) in the event of an equality of votes on a matter, the Chairman has a casting, as well as a deliberative, vote.
(3) The Minimum Wages Board may continue to act notwithstanding a vacancy in an office of a member of the Board (other than the office of the Chairman), and an act, proceeding or determination of the Board shall not be questioned or invalidated by reason only of a vacancy having occurred in the office of a member of the Board.
(4) Subject to this Act, the procedures of the Minimum Wages Board are as determined by it.
14. REFERENCE OF MATTERS TO MINIMUM WAGES BOARD.
(a) minimum rates of pay; and
(b) allowable deductions from wages for–
(i) food, accommodation or issues supplied by employers; and
(ii) recruitment and repatriation costs; and
(c) deferred wages; and
(d) allowances; and
(e) penalty and overtime rates; and
(f) hours of work; and
(g) leave.
(2) In referring a matter to the Minimum Wages Board, the Head of State, acting on advice, shall specify the terms of reference of the Board in relation to the matter.
(3) The Head of State, acting on advice, shall cause a copy of the terms of reference to be given to the Registrar.
(4) A matter may be referred to the Minimum Wages Board notwithstanding the fact that it is the subject of, or is connected with, an industrial dispute, whether or not the dispute is the subject of other proceedings under this Act.
15. EFFECT OF REFERENCE.
(a) no action, or further action, shall be taken under Part III. on any industrial dispute as to any thing within the terms of reference of the Board; and
(b) no agreement shall be registered under Section 33 in relation to any such thing,
until–
(c) the determination of the Board has been registered under Section 40; or
(d) the end of a period of one month, or such further period as the Head of State, acting on advice, directs, after any reference of the determination to the National Executive Council under Section 41,
whichever first occurs.
16. DETERMINATIONS BY MINIMUM WAGES BOARD.
(2) A determination of the Minimum Wages Board may differentiate between different parts of the country, different industries and different occupations.
(3) Subject to Subsection (4), a determination of the Minimum Wages Board has no effect until the date on which it is notified in the National Gazette in accordance with Section 43.
(4) In a matter that has been referred to the Minimum Wages Board under Section 14, and is the subject of, or is related to, an industrial dispute, a determination of the Minimum Wages Board does not, except with the consent of all parties to the dispute, have effect before the date on which notice under Section 25 was given to the parties to the dispute unless–
(a) the Minimum Wages Board for a special reason determines otherwise; and
(b) the Head of State, acting on advice, consents.
(5) Each determination of the Minimum Wages Board shall be filed with the Registrar for registration.
17. INCONSISTENCY WITH OTHER DETERMINATIONS, ETC.
Division 4.
Arbitration Tribunals.
18. ESTABLISHMENT OF TRIBUNALS.
(2) The constitution of a Tribunal shall be as specified by the Head of State, acting on advice, in the instrument establishing the Tribunal.
(3) The Head of State, acting on advice–
(a) may at any time revoke the establishment of a Tribunal; and
(b) may establish another Tribunal to deal with the dispute in relation to which the first-mentioned Tribunal was established.
19. OATH AND AFFIRMATION OF OFFICE.
20. VACANCIES.
(2) Where a Tribunal continues to act by virtue of Subsection (1), an act, proceeding, determination or award of the Tribunal shall not be questioned or invalidated by reason of the vacancy.
21. MAKING OF AWARDS.
(a) 21 days after the date of reference; or
(b) such further time as the Head of State, acting on advice, allows in the circumstances of a particular case.
Division 5.
Inspectors.
22. DUTIES OF INSPECTORS.
23. POWERS OF INSPECTORS.
(a) enter on and inspect any premises, land, place, building, mine, vehicle, vessel or aircraft in or in respect of which–
(i) an industry or trade is carried on; or
(ii) work is being or has been done or commenced; or
(iii) any matter or thing is taking or has taken place,
in relation to which–
(iv) there is an industrial dispute; or
(v) an award has been made; or
(vi) an offence against this Act is suspected; and
(b) inspect any work, material, machinery, appliance, article, book or document in or on any such premises, land, place, vehicle, vessel or aircraft, and interview any employee in or on them or it; and
(c) examine a person who is or is believed or suspected to be an employee; and
(d) question any person in regard to any matter that in his opinion affects or may affect the employment, safety, health or welfare of employees; and
(e) require any person to produce any document in his possession or control in any way relating to employees, and take a copy of or extract from any such document; and
(f) require any person to produce any food, clothing or article in his possession or control that is issued or kept for issue to employees.
(2) A mine shall not be entered or inspected under Subsection (1) by a person other than a qualified inspector of mines or mining engineer except in the presence of a qualified inspector of mines or mining engineer.
PART III. – SETTLEMENT OF INDUSTRIAL DISPUTES.
24. INQUIRIES INTO INDUSTRIAL DISPUTES, ETC.
(2) Where an industrial dispute exists or is apprehended, the Departmental Head may, with the approval of the Head of State, acting on advice–
(a) inquire into the causes and circumstances of the dispute; or
(b) if he thinks fit, refer to a Board of Inquiry, for inquiry and report, any matter that, in his opinion, is connected with or relevant to the dispute.
25. REPORT OF INDUSTRIAL DISPUTES.
(2) An employer or an industrial organization who is a party to or is involved in an industrial dispute that gives rise, or seems likely to give rise, to a strike or lock-out, must immediately notify the Departmental Head or an officer of the Department.
Penalty: A fine not exceeding K100.00.
(3) If he has not already acted under this Part, the Departmental Head–
(a) shall inquire into an industrial dispute reported under Subsection (1) or (2); and
(b) may, by written notice or by telegram, require the parties to the dispute to enter into negotiations for the settlement of the dispute within 14 days after the date of the notice.
26. NEGOTIATED SETTLEMENTS.
(2) The representatives appointed under Subsection (1) may act on behalf of the employers or employees by whom they were appointed in negotiating a settlement of the dispute.
(3) Subsections (1) and (2) apply notwithstanding any other law.
27. ASSISTANCE DURING NEGOTIATIONS.
(2) On receipt of an application under Subsection (1), the Departmental Head shall–
(a) attend the negotiations; and
(b) endeavour to negotiate an agreement between the parties as to the terms of settlement of the dispute.
28. COMPULSORY CONFERENCES.
(a) at any time before the expiration of the period of 28 days from the date of the notice–
(i) a party to the dispute has refused to negotiate, or to negotiate further, for the settlement of the dispute; or
(ii) the parties to the dispute consent; or
(b) at the expiration of the period referred to in Paragraph (a) no settlement of the dispute has been effected,
the Departmental Head may, subject to Subsection (2), by written notice to the parties to the dispute require them to attend a conference, at a time and place fixed in the notice, for the purpose of endeavouring to arrange a settlement of the dispute under his supervision.
(2) Where in a trade or industry in which there is an industrial dispute there is an arrangement for the settlement of industrial disputes by conciliation or arbitration that–
(a) has been made in pursuance of an agreement between employers (or a registered organization representing employers) and employees (or a registered organization representing employees) in the trade or industry; and
(b) applies to the parties to the dispute,
the Departmental Head shall not require the attendance of parties to a dispute in the trade or industry at a conference under Subsection (1) unless–
(c) at the expiration of the period of 28 days referred to in Subsection (1)(a) no settlement of the dispute by means of the arrangement has been effected; or
(d) a party to the dispute has refused to proceed, or to proceed further, under the arrangement; or
(e) the parties to the dispute consent to or request the conference.
(3) Notwithstanding Subsections (1) and (2), where in his opinion it is desirable in the public interest to do so the Departmental Head may, whether or not notice has been given under Subsection (1) or Section 25, by written notice to the parties to an industrial dispute require them to attend a conference, at a time and place fixed in the notice, for the purpose of endeavouring to arrange, under his supervision, a settlement of the dispute.
(4) Except to the extent that the Departmental Head directs that it be held in public, a conference called under this section shall be held in private.
(5) At a conference called under this section, the Departmental Head shall preside and shall endeavour, by all means at his disposal–
(a) to conciliate the parties to the dispute; and
(b) to effect a settlement of the dispute.
(6) Where, under Subsection (5), the Departmental Head effects a settlement of an industrial dispute, the parties to the dispute shall record, in writing, the agreement as to the terms of settlement.
29. REFERENCE OF DISPUTES TO TRIBUNALS.
(2) The Head of State, acting on advice–
(a) shall, if so required by the parties to the dispute; or
(b) may, if the Head of State, acting on advice, thinks fit,
direct the Departmental Head to refer an industrial dispute reported under Subsection (1) to a Tribunal for decision and the making of an award.
30. SPECIAL PROVISION FOR CERTAIN DISPUTES.
(a) in the opinion of the Head of State, acting on advice, is of such importance that, in the public interest, it should be dealt with as provided in this section; and
(b) is so declared by him by notice in the National Gazette.
(2) Where in relation to an industrial dispute to which this section applies–
(a) in the opinion of the Departmental Head no suitable means of settling the dispute exists; or
(b) an attempt to negotiate a settlement of the dispute has failed; or
(c) an attempt to conciliate the parties to the dispute has failed; or
(d) in the opinion of the Departmental Head a settlement of the dispute is unduly delayed; or
(e) 21 days have elapsed since the dispute was reported to the Departmental Head and no settlement has been negotiated; or
(f) a party to the dispute so requests,
the Departmental Head shall, notwithstanding anything in this Part, report the dispute to the Minister.
(3) Where a dispute is reported to the Minister under Subsection (2), the Head of State, acting on advice, may, if he thinks it proper to do so, refer the dispute to a Tribunal for decision and the making of an award.
(4) Where the Departmental Head reports an industrial dispute to the Minister under Subsection (2) and the Head of State, acting on advice, thinks it proper to refer the dispute for settlement to a Tribunal, the reference shall be made within–
(a) seven days from the date on which the dispute was reported to the Minister; or
(b) such further time as the Head of State, acting on advice, allows in any particular case.
(5) The Head of State, acting on advice, may at any time refer an industrial dispute to which this section applies to a Tribunal for decision and the making of an award.
31. INQUIRY ON REFERENCE.
(a) inquire into the dispute without delay; and
(b) make an award deciding the matters in issue between the parties to the dispute.
PART IV. – AWARDS.
32. AWARDS BY TRIBUNALS.
(2) An award of a Tribunal under this Act shall be filed with the Registrar for registration.
32A. BOARDS OF REFERENCE.
(a) the Departmental Head with the consent of the parties to an industrial dispute; or
(b) a Tribunal; or
(c) the Minimum Wages Board.
(2) The Departmental Head, or where the Board of Reference has been appointed by a Tribunal or the Minimum Wages Board, that Tribunal or that Board, may assign to a Board of Reference the function of allowing, approving, fixing, determining or dealing with in the manner and subject to the conditions specified in an award, a matter or thing which, under the award, may from time to time require to be allowed, approved, fixed, determined or dealt with by a Board of Reference.
(3) A Board of Reference appointed under this section may–
(a) consist of one or more persons; and
(b) include an officer of the Department.
33. FILING AND REGISTRATION OF AGREEMENTS.
(2) Where in his opinion an agreement filed with him under Subsection (1) is inconsistent with the terms of a registered award binding on the parties to the agreement or some of them and, by reason of the inconsistency, ought not to be registered, the Registrar shall not register the agreement without the approval of the Head of State, acting on advice.
(3) Where in his opinion an agreement filed with him under Subsection (1) is inconsistent with the terms of a registered determination of the Minimum Wages Board, the Registrar shall not register the agreement without the approval of the Head of State, acting on advice.
34. PREFERENCE TO MEMBERS OF ORGANIZATIONS.
(a) the grounds for the belief are of a religious character; and
(b) the belief is part of the doctrine of any religion.
(2) An award may direct that preference shall, in relation to such matters, in such manner and subject to such conditions as are specified in the award, be given to such organizations or members of organizations as are so specified.
(3) Whenever in the opinion of a Tribunal it is necessary, for–
(a) the prevention or settlement of an industrial dispute; or
(b) ensuring that effect will be given to the purposes and objectives of an award; or
(c) the maintenance of industrial peace; or
(d) the welfare of society,
to direct that preference be given to members of organizations as provided by Subsection (2), the Tribunal shall so direct.
(4) Where–
(a) an award has, under Subsection (2), directed that preference be given to members of an organization that is an association of employees; and
(b) on application made to the Registrar in the prescribed form and manner a person satisfies the Registrar that the person’s conscientious beliefs do not allow him to be a member of such an organization,
the Registrar shall, subject to Subsection (6), issue to the person a certificate to the effect that while the certificate, or a renewal of the certificate, is in force an employer bound by the award is not required by reason of the award to give preference to members of the organization over the applicant.
(5) A certificate under Subsection (4)–
(a) remains in force for such period, not exceeding 12 months, as is specified in the certificate; and
(b) subject to Subsection (6), may be renewed from time to time by the Registrar for such period, not exceeding 12 months, as the Registrar thinks proper.
(6) The Registrar–
(a) shall not issue a certificate to a person under Subsection (4) in relation to a direction under Subsection (2) unless the person has paid to the Registrar such amount as would, in the opinion of the Registrar, be payable by the person to the organization specified in the direction in respect of entrance fees and subscriptions if the person–
(i) became a member of the organization on the day on which the certificate is to be issued; and
(ii) continued to be a member for the period during which the certificate is to remain in force; and
(b) shall not renew the certificate unless the person has paid to the Registrar the amount that would, in the opinion of the Registrar, be payable by the person to the organization in respect of subscriptions if he–
(i) were a member of the organization immediately before the renewal of the certificate; and