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1987 No 77 Labour Relations

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1987 No 77 Labour Relations 1987, No. 77 Labour Relations 635 ANALYSIS Title Powers 1. Short Title and commencement 21. Powers of unions and employers 2. Interpretation organisations 22. Power to lend or borrow money or give PART I guarantees or purchase or lease land REGISTRATION OF UNIONS AND EMpWYERS 23. Power to sue and service of notices ORGANISATIONS 24. Execution of documents 3. Object 4. Registrar of Unions Amalgamation 0/ UnioTIJ or Employers 5. Deputy Registrar of Unions OrganisatlOTIJ 25. Amalgamation of unions or employers Registration Unions 0/ organisations 6. Unions 26. Effect of cancellation of registration 7. Purpose of registration resulting from amalgamation 8. Incorporation of union 27. Final audit on amalgamation of unions or employers organisations Procedure for Rtgutration 0/ Union 9. Application for re~tration A.uocialioTIJ 0/ UnlOTIJ or Employers OrganisatlOTIJ 10. Registration of uruon 28. Associations of unioJ;lS or employers organisations may be registered PrUIIUwnal RegutratlOn if Unions 11. Access to provisional registration Cancellation 0/ Registration 12. Consequential changes to coverage 29. Vohmtary cancellation of registration of 13. Effect of provisional registration union Of employers organisation 14. End of provisional registration 30. Cancellation of registration of union on reduction of membership below Changes to Cuverage minimum 15. Requirements where changes to 31. Cancellation of registration for failure coverage sought to deliver annual accounts 32. Cancellation of registration for failure Appeals to make annual return 16. Appeals 33. Cancellation of registration of defunct union or employers organisation RegutratlOn 0/ Employers OrganISatIOns 34. Effect of cancellation of registration not 17. Employers organisations resulting from amalgamation 18. Incorporation of employers 35. Disposal of surplus assets on organisation cancellation of registration Procedure for RegutratlOn 0/ Employers PARTII OrganuatlOn AFFAIRS OF UNIONS AND EMPLOYERS 19. Application for registration ORGANISATIONS 20. Registration of employers organisation 36. Object 8-2 636 Labour Relations 1987, No. 77 Rules rf UnIOns and Employers Organuations 70. Effect of amalgamation of wUons on 37. Matters to be provided for in rules wUon membership clause 38. Name of wUon or employers 71. Effect of failure to comply with union organisation not to be same as name membership clause of another wUon or employers 72. Undue influence organisation or body corporate 39. Amendments of rules to be recorded by Exemptwn from UnIOn MembershIp Registrar 73. Union Membership Exemption Tribunal 40. Special powers of Registrar in relation 74. Functions of Tribunal to rules 75. Membership of Tribunal 41. Appeals 76. Term of office of members 42. Evidence of rules 7 7. Extraordinary vacancies 78. Deputy members of Tribunal Lrotes and SubscnptlOIU 79. Procedure of Tribunal 80. Administrative and secretarial services 43. Restrictions as to levies and 81. Remuneration and expenses of Tribunal subscriptions payable by members of 82. Application for exemption wUons or employers organisations 83. Grounds for exemption 44. Recovery of levies and subscriptions 84. Form of application 85. Fee AdministratIOn of UnIOns and Employers 86. Reference of application to union OrganISatIOns 87. Objection by wUon 45. Registered office 88. Unopposed application 46. Notice to members of change of 89. Hearing of application registered office or postal address 90. Intervention by other wUons or central 47. Accounts of wUons and employers organisation of workers organisations 91. Exem~tio~ pending detertnination of 48. Audit of accounts applicauon 49. Delivery of accounts and auditor's 92. Power to grant exemption certificate to Registrar 93. Duration of exemption 50. Power of Registrar to require audit of 94. Notice of decision accounts 95. Certificate of exemption 51. Obligation of wUons and employers 96. Rehearing organisations to retain accounting 97. Appeal on question of law records, etc. 52. Annual return PART IV 53. Statement of officers and members CHANGE OF UNION CoVERAGE whenever required 98. Object 54. Information to be provided by 99. Procedure in relation to extension of employer membership 55. Special voting in ballots 100. Notice of proposed change 56. Right. of entry for purposes of wUon 101. Definition of category or categories of busmess workers 57. Union meetings 102. Ballot of union wishing to extend its coverage PART III 103. Ballot for change of wUon coverage UNION MEMBERSHIP PROVISIONS Conduct rf BallotJ 58. Object 59. Interpretation 104. Conduct of union coverage ballots 60. Right of workers to become members of 105. Restrictions on union coverage ballots wUons 106. Consequences of change of wUon coverage Union Membership Clauses 107. Enforcement 61. Insertion of wUon membership clause DemarcatIOn 62. Insertion of wUon membership clause 108. Demarcation dispute in composite award or composite 109. Demarcation ballot agreement 110. Amendment of membership rule 63. Provision for ballots 64. Obligatory rules concertIing union PART V membership ballots 65. Notice to Registrar DISPUTED BAlLOTS OR ELEC1"IONS 66. Conduct of ballot 111. Int~retation 67. Result of ballot 112. Applications for inquiries into ballots 68. Effect of ballot 113. Power to require list of members 69. Currency of wUon membership clause 114. Directions as to hearing 1987, No. 77 Labour Relatioru 637 115. Interim order Awards Covering Young Worhm 116. Functions and powers of Court 156. Interpretation 117. Enforcement of orders 157. Negotiation ofloung worker awards 118. Validation of certain acts, etc. 158. Enforcement 0 young worker awards 119. Ballot papers, etc., to be preserved 159. Obligations of employers in respect of 120. Offences in connection WIth ballots young workers PART VI Award Cooerage TRIPARTITE WAGE CoNFERENCE 160. Parties bound by award 121. Tripartite Wage Conference 161. Addition of parties outside locality of 122. Presiding officer award 123. Deputies 162. Power to amend coverage of award 124. Participants 125. Public notice Negotiation of Agreements 126. Submissions 163. Object in relation to agreements 127. Consultations about economic 164. Agreements environment 165. Persons on whom agreement is binding 128. Consultations about interests of low· 166. Composite agreements paid 167. Persons on wnom composite agreement 129. Conclusions and recommendations is binding 130. Briefing on state of economy 168. Power to add parties to composite 131. Working parties agreement 169. Withdrawal from composite agreement PART VII Awards and Agreements Generally NEGOTtATlON OF AWARDS AND AGREEMENTS 170. Content of award or agreement General Object 1 71. Currency of award or agreement 132. General object in relation to awards and 172. Forty.hour five·day week agreements 173. Holidays 174. Awards and agreements to prevail over contracts of service in cases of Negotiation of Awards conflict 133. Object in relation to awards 1 75. Evidence of award or agreement 134. Initiation of negotiations for awards 176. Power to amend award or agreement 135. Separate negotiations 136. Effect of separate negotiations Under-rate Worhm 137. Composite awards 177. Under·rate workers 138. Duty of Chief Mediator 139. Mediator to determine date for New Mattm negotiations 140. Action where mediator cannot 178. New matters constitute conciliation council 179. Application to Labour Court 141. Conciliation council 180. Decision of Labour Court 142. Substitute ne~otiators 143. Persons enutled to be heard in Metlwd of Negotiating New Matters conciliation council 181. Award negotiations 144. Powers and functions of mediator in 182. Negotiations for agreement relation to conciliation council 183. Registration of awards and agreements 145. Powers and functions of conciliation arising out of new matters council with respect to dispute 146. Conciliated settlement Redundancy 147. ~nsettled disputes 184. Redundancy 148. Criteria 149. Arbitration Publication of Awards 150. Commission may refuse to register award 185. Publication of awards 151. Power of Commission to waive technical irregularities PART VIII DISPUTES ABoUT, AND ENFORCEMENT OF, Exemptwn from Award AWARDS AND AGREEMENTS 152. Failure to give notice of separate 186. Object negotiations 153. Application DIsputes of Rights 154. Powers of Labour Court 187. Inclusion of procedures for settlement 155. Effect of exemption of disputes of rights 638 Labour Relations 1987, No. 77 188. Parties to dispute of rights 221. Special procedures where sexual 189. Failure to observe dispute of rights harassment alleged procedure 222. Sexual harassment by person other than 190. Report employer 191. Role of Labour Court 223. Continuation of work 192. Continuation of work 224. Statements privileged 225. Statement of reasons for dismissal Valuiity 226. Choice of procedures 193. Validity of awards and agreements Remedtes Wages and Time Record 227. Remedies 228. Reinstatement to be primary remedy 194. Wages and time record 229. Reimbursement 195. Offence of failing to keep records PART X Rights Entry of STRIKES AND LocKOlITS 196. Right of entry for enforcement 230. Object purposes 231. Definition of strike 197. Power of entry for Inspectors 232. Definition of lockout RecUIJtry of Wages Lawful and Unlawful StrWs and Lockouts 198. Recovery of wages 233. Strikes and lockouts in relation to 199. Failure to keep or produce records disputes of interest 234. Unlawful strikes and lockouts Penalties 235. Requirements as to notice in relation to 200. Jurisdiction concerning penalties strikes in essential
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