Singapore legislation
Section 25
Section 25
Collective agreements
(1)
If a collective agreement is arrived at, a memorandum of its terms shall be —
made in writing and signed by or on behalf of the parties to the collective agreement; and
delivered within one week thereof to the Registrar who, upon receiving it, shall immediately bring it to the notice of a Court for certification.
(2)
The Court may in its discretion —
refuse to certify a memorandum delivered under subsection (1) if it is of the opinion that it is not in the public interest that the collective agreement should be certified or if it is of the opinion that the memorandum does not set out satisfactorily or adequately the terms of the collective agreement between the parties and shall refuse to do so if the collective agreement does not comply with subsection (5); and
before certifying a memorandum delivered under subsection (1), require that such part or parts thereof shall be amended satisfactorily or adequately in any manner which the Court considers expedient to comply with the other provisions of this Act or any other written law or with any direction of the Court.
(3)
If any party to the collective agreement refuses to carry out such request the Court may, notwithstanding any other power exercisable under this Act, amend the memorandum in the manner required under subsection (2)(b) before proceeding to certify the memorandum.
(4)
The Court may in its discretion afford the parties an opportunity to be heard before proceeding to amend the memorandum under subsection (3).
(5)
A collective agreement shall —
specify the period during which it shall continue in force, which period shall be not less than 2 years or more than 3 years from the date on which it is expressed to commence; and
unless the Court considers such provision inappropriate, make provision for the settlement of disputes between the parties to the collective agreement while the collective agreement is in force arising out of the operation of the collective agreement, including provision for the reference of such disputes to a referee.
(6)
Notwithstanding subsection (5)(a), where there is a transfer of an undertaking referred to in section 18A(1) of the Employment Act 1968, any collective agreement that was entered into between the transferor and the trade union of the affected employees and in force immediately before the transfer shall, for the purposes of section 18A(8)(b) of the Employment Act 1968, continue in force between the transferee and the trade union of the affected employees for a period of 18 months after the date of the transfer or until the date of its expiry as specified in the collective agreement, whichever is the later.
(7)
The referee mentioned in subsection (5)(b) shall be a person to be chosen in a manner provided by the collective agreement from among the persons referred to in section 43(3) and whose decision shall have effect as if it were a term of the collective agreement.
(8)
The memorandum when certified by the Court shall be deposited with and registered by the Registrar.
(9)
Any person who or any trade union which —
enters into a collective agreement which is specified to continue in force for less than 2 years or more than 3 years from the date on which it is expressed to commence;
delivers to the Registrar a memorandum which does not contain all the terms of the collective agreement entered into by him or it; or
fails or neglects to bring a collective agreement or any of the terms of such collective agreement entered into by him or it to the notice of a Court in accordance with the provisions of this Act,shall be guilty of an offence.