Section 10 - Disputes under Part
If there is a dispute about the interpretation or application of any provision of this Part, any party to the dispute may refer the dispute in writingâ
(a) to the Minister to appoint a conciliator as...
Section 11 - Burden of proof
In any proceedings under this Actâ
(a) a party that alleges that a right or protection conferred by this part has been infringed shall prove the facts of the conduct; and
(b) the party who is...
Section 18 - Application for registration
(1) An application to register a trade union, employers' organisation or federation shall be made to the Registrar in Form A set out in the Second Schedule,
accompanied byâ
(a) the prescribed...
Section 21 - Effect of registration
A trade union, employers' organisation or federation shall be registered as a body corporateâ
(a) with perpetual succession and a common seal;
(b) with the capacity in its own name to-
(i) sue and...
Section 23 - Consequences of failure to register
(1) No person shall perform any act in furtherance of a trade union or employers' organisation unless that trade union or employers organisationâ
(a)is registered under this Act; or
(b) an...
Section 24 - Registered office
(1) Every trade union, employersâ organisation or federation shallâ
(a) have a physical office and postal address to which all communication and notices may be addressed; and
(b) give notice of its...
Section 25 - Registration of branches
(1) A trade union, employersâ organisation or federation shall apply to the Registrar to register its branches in Form F set out in the Second Schedule.
(2) An application to register a branch...
Section 29 - Notice of dissolution
(1) When a trade union, employersâ organisation or federation is dissolved, the trade union, employersâ organisation or federation shall give notice of the dissolution in Form O set out in the Second...
Section 31 - Officials
(1) The officials of a trade union or employersâ organisation shall be persons who are, or have been, engaged or employed in the sector for which the trade union or employersâ organisation is...
Section 32 - Membership of minors
An employee who has not attained the age of eighteen years but appears to be above the apparent age of sixteen years may be a member ofâ
(a) a trade union and, unless the constitution provides...
Section 33 - Voting members of trade union
No person shall be a voting member of â
(a) a trade union unless that person is employed in the sector for which the trade union is registered;
(b) an employersâ organisation unless that person has...
Section 34 - Election of officials
(1) The election of officials of a trade union, employersâ organisation or federation shall be conducted in accordance with their registered constitutions.
(2) The constitution of a trade union,...
Section 35 - Notification of officials
(1) A trade union, employersâ organisation or federation shall exhibit prominentlyâ
(a) in its registered office, a notice giving the names of all officials and their titles;
(b) in every branch...
Section 36 - Trustees
(1) The constitution of a trade union, employerâs organisation and federation shall provideâ
(a) for the appointment or election of at least three trustees; and
(b) for the filling of any vacancy in...
Section 37 - Property to be vested in trustees
1) All property, whether movable or immovable, of a registered trade union, employersâ organisation or federation shall vest in its trustees for the use and benefit of the trade union, employerâs...
Section 38 - Devolution of property
Upon any change in the office of any trustee, the property of a registered trade union, employersâ organisation or federation shall vest in the trustees for the
time being of the union for the same...
Section 39 - Application of funds
Subject to its rules and the provisions of this Act, the funds of a trade union, employersâ organisation or federation may be used only for the following purposes -
(a) the payment of salaries,...
Section 41 - Injunction to restrain misuse of funds
(1) The Industrial Court may grant an injunction restraining unauthorized or unlawful expenditure of the funds of a trade union, employerâs organisation or federation on application by the Registrar,...
Section 42 - Treasurer to render accounts
(1) In this section, âofficialâ means the treasurer of a trade union, employersâ organisation or federation and every other official responsible for the accounts of a trade union, employersâ...
Section 43 - Annual returns
(1) The authorised representative of a registered trade union, employersâ organisation, or federation shall furnish annually by a prescribed date to the Registrar a general statement of all receipts...
Section 44 - Inspection of accounts and records
The accounts of a trade union, employersâ organisation or federation and a list of its members shall be open to inspection by â
(a) an official or member of a trade union, employerâs organisation or...
Section 45 - Obstructing inspection by Registrar
A person who obstructs or impedes the Registrar, or any person authorized by the Registrar, from inspecting the accounts of a trade union, employersâ
organisation or federation or the list of its...
Section 46 - Power to require detailed accounts
(1) The Registrar may, at any time, call upon the treasurer, the executive or management board by whatever name called, or any other official of a trade
union or employersâ organisation to render...
Section 48 - Deduction of trade union dues
(1) In this Part, âtrade union duesâ means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership.
(2) A trade union may, in the...
Section 52 - Direct payment of trade union dues
Nothing in this Part prevents a member of a trade union from paying any dues, levies, subscriptions or other payments authorised by the constitution of the trade union directly to the trade union
Section 57 - Collective agreements
(1) An employer, group of employers or an employersâ organisation that has recognised a trade union in accordance with the provisions of this Part shall conclude a collective agreement with the...
Section 58 - Alternative dispute resolution
(1) An employer, group of employers or employersâ organisation and a trade union may conclude a collective agreement providing forâ
(a) the conciliation of any category of trade disputes identified...
Section 59 - Effect of collective agreements
(1)A collective agreement binds for the period of the agreement -
(a) the parties to the agreement;
(b) all unionisable employees employed by the employer, group of employers or members of the...