Clause 38

by inserting, immediately after the definition of “machinery” in section 2(1), the following definition:“ “mediation request” has the same meaning as in section 2(1) of the Employment Claims Act 2016;”;

by inserting, immediately after subsection (2) of section 3, the following subsections:“(3) The Commissioner may in writing appoint an individual (who may or may not be a public officer) as an authorised person for the purpose of carrying out any function or duty of the Commissioner under this Act or any other written law relating to employment, employment terms or the relations between employers and employees.(4) The Commissioner must, in writing, issue to each authorised person an authorisation specifying —

the functions and duties of the Commissioner that the authorised person is authorised to carry out;

the powers of the Commissioner that the authorised person is authorised to exercise;

the conditions of the authorisation; and

the limitations to which the authorisation is subject.”;

by deleting subsections (5) and (6) of section 33;

by deleting subsections (1C) and (2) of section 65 and substituting the following subsections:“(2) A workman who wishes to recover any salary from a person liable under this section for the salary must, before lodging a claim for the salary under section 13 of the Employment Claims Act 2016, submit to the Commissioner, under section 3(1) of that Act, a mediation request for the mediation under Part 2 of that Act of every dispute for which the claim will be lodged.(2A) The workman must submit the mediation request to the Commissioner within 60 days after the date on which the salary becomes due for payment in accordance with Part III.(2B) The Commissioner may, in the Commissioner’s discretion, extend the period under subsection (2A) within which the workman must submit the mediation request to the Commissioner.(2C) However, if a workman has lodged, before the date of commencement of section 38(d) of the Employment Claims Act 2016, a claim under section 119 for any salary against a person liable under this section for the salary —

subsections (2), (2A) and (2B) do not apply to the recovery of the salary under that claim; and

instead, the repealed section 65(1C) and (2) as in force immediately before that date continue to apply to the recovery of the salary under that claim.”;

by inserting, immediately after subsection (1) of section 115, the following subsection:“(1A) The Commissioner must not inquire into or decide a dispute mentioned in subsection (1) unless —

the dispute is of a type prescribed by regulations made under section 139; or

a claim is lodged under section 119, in relation to the dispute, before the date of commencement of section 38(e) of the Employment Claims Act 2016.”;

by inserting, immediately after subsection (2) of section 115, the following subsection:“(2A) The Commissioner may direct the parties to a dispute mentioned in subsection (1) to attend a mediation conducted by an approved mediator (as defined in section 2(1) of the Employment Claims Act 2016) or a conciliation officer (as defined in section 2 of the Industrial Relations Act (Cap. 136)).”; and

by deleting the words “and all other officers appointed or acting under this Act” in section 127 and substituting the words “, every other officer appointed or acting under this Act, and every authorised person (when carrying out any function or duty of the Commissioner)”.