First Previous (PART V. Registered Joint Industrial Councils.) Next (PART VII. Transitory Provisions in Relation to Wages (Standard Rate) Orders and Bonus Orders under Emergency Powers (No. 166) Order, 1942, and Emergency Powers (No. 260) Order, 1943.)

26 1946

INDUSTRIAL RELATIONS ACT, 1946

PART VI.

Trade Disputes.

Worker” for the purposes of Part VI.

66. —In the subsequent sections of this Part the word “worker” means any person, being either a worker within the meaning of section 4 of this Act or an agricultural worker, within the meaning of the Agricultural Wages Act, 1936 (No. 53 of 1936).

Power of Court to investigate trade dispute.

67. —(1) Subject to the provisions of this section, where a trade dispute exists or is apprehended, the Court may investigate the dispute.

(2) The Court shall not investigate a trade dispute between persons who are represented on a registered joint industrial council unless—

(a) the council so requests, or

(b) the Court is of opinion that the dispute is likely to lead to a stoppage of work.

(3) The Court shall not investigate a dispute to which section 11 of the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942), applies, except at the request of the tribunal established under section 9 of that Act.

(4) The Court shall not investigate a trade dispute in which a trade union is concerned, if the trade union establishes to the satisfaction of the Court that there is an agreement in force between the trade union and the other parties to the dispute which provides another method of determining the dispute, unless the Court is of opinion that the dispute is likely to lead to a stoppage of work.

(5) The Court shall not investigate a trade dispute between persons to whom a registered employment agreement, within the meaning of Part III of this Act, applies concerning matters to which the agreement relates unless—

(a) a party to the agreement so requests, or

(b) the Court is of opinion that the dispute is likely to lead to a stoppage of work.

Recommendation by Court on trade dispute.

68. —(1) The Court, having investigated a trade dispute, shall make a recommendation setting forth its opinion on the merits of the dispute and the terms on which, in the public interest and with a view to promoting industrial peace, it should be settled, due regard being had to the fairness of the said terms to parties concerned, and the prospects of the said terms being acceptable to them.

(2) The Court shall communicate a recommendation under this section to all the parties to the dispute and to such other persons as the Court thinks fit, and the Court may also publish the recommendation in such manner as it thinks fit.

Mediation in trade dispute by conciliation officer.

69. —(1) The chairman of the Court may, before the Court undertakes the investigation of a trade dispute, appoint a conciliation officer to act as mediator in the dispute for the purpose of effecting the permanent settlement thereof or such temporary settlement as will ensure that no stoppage of work shall occur pending the investigation of the dispute.

(2) The chairman of the Court may give a general authority to a conciliation officer to act as mediator in relation to trade disputes generally or trade disputes of a particular character.

Reference of trade dispute to arbitration.

70. —Where a trade dispute has occurred or is apprehended, the Court, with the consent of all the parties concerned in the dispute, may refer the dispute to the arbitration of one or more persons (who shall be paid such fees as the Minister, with the consent of the Minister for Finance, determines) or may itself arbitrate upon the dispute.

Investigation by the Court of certain trade disputes resulting in stoppage of work and power to make awards in relation thereto.

71. —(1) Where the Court becomes aware that a trade dispute has occurred resulting in a stoppage of work in any trade or industry the Court may investigate the dispute, if satisfied that no trade union of workers is promoting or assisting the dispute.

(2) Where the Court decides to investigate a trade dispute in accordance with this section the following provisions shall have effect—

(a) the Court shall cause to be published in at least one newspaper circulating in the area in which the dispute has occurred notice of the time (which shall be not less than two clear days after the date of publication of such newspaper) and place at which the Court will sit to take evidence in relation to the dispute from persons concerned therein;

(b) the Court shall, at such sitting or any adjournment thereof, take evidence in relation to the dispute from all persons, appearing before it to give evidence, who, in the opinion of the Court, are concerned in the dispute;

(c) on hearing evidence the Court shall, as it thinks proper—

(i) decide not to take any action in regard to the dispute, or

(ii) publish a recommendation setting forth the opinion of the Court on the merits of the dispute and the manner in which it should be settled, or

(iii) make an award (which shall not be inconsistent in its terms with a registered employment agreement, within the meaning of Part III of this Act), setting forth the conditions on which, in the opinion of the Court, the dispute should be settled.

Effect of awards under section 71 .

72. —Whenever the Court makes an award under section 71 of this Act in relation to any workers and their employers, the following provisions shall have effect—

(a) the award shall be in force for the period of three months commencing on the date of the award;

(b) an employer who, otherwise than with the consent of the Court, employs or agrees to employ, during the said period, a worker under conditions inconsistent with those of the award shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.