Section 27

A registered trade union shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected.

A registered trade union the majority of whose membership consists of non‑executive employees shall not commence, promote, organise or finance any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer.

Any registered trade union which, and every member of its executive who, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

The members of a trade union who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action —

No member of a registered trade union who is an executive employee that is represented by the trade union under section 30A of the Industrial Relations Act 1960 shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action taken by the trade union.

No member of a registered trade union the majority of whose membership consists of non‑executive employees shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer.

Nothing in subsection (2) or (6) shall preclude a registered trade union referred to in those subsections or any member of a registered trade union that is recognised by the employer in the manner prescribed under Part 3 of the Industrial Relations Act 1960 as a registered trade union representing that member from commencing, promoting, organising, financing, participating or otherwise acting in furtherance of any strike or any form of industrial action affecting the member in accordance with subsection (1).

Any member of a registered trade union who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action —

For the purposes of investigating an offence under this section, the Registrar may by notice in writing require any person who he believes could assist him in his investigations to appear before him at such place and time as stated in the notice.

Any person who fails or neglects without reasonable excuse to comply with any notice under subsection (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Every person who has been required to appear before the Registrar under subsection (10) shall state truly the facts and circumstances of any strike or industrial action which he is acquainted with.

If any person fails to comply with subsection (12), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

In any proceedings for an offence under this section, the onus of proving that the requirements specified in subsection (1), (3), (4) or (9) have been complied with shall be on the registered trade union, the member of its executive or a member of the trade union or any accused person, as the case may be.

In this section, “industrial action” means the adoption of any practice, procedure or method in the performance of work which would result in a limitation on output or production in any occupation, service, trade, industry or business.

For the purposes of this section, where the majority of the membership of a registered trade union consists of non‑executive employees, the consent of its members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 shall not be taken into account in ascertaining whether the consent of the majority of the members have been obtained under subsection (1).