Industrial Relations Act 1960 · 2020 Revised Edition · Part 2 · Industrial Arbitration Courts
11. Constitution of Court
Feedback & supportLast amended by an amending law of 2024.
For the purpose of constituting a Court in relation to a trade dispute or matter, the president shall determine in the prescribed manner who the parties to the trade dispute or matter are and shall invite —
Court
“Court” means an Industrial Arbitration Court established under section 3;
the trade unions of employees or platform work associations of platform workers (as the case may be) who are parties to the trade dispute or matter to select one member of the worker panel; and
the employers or platform operators who are parties to the trade dispute or matter to select one member of the business panel.
If all the trade unions of employees or platform work associations of platform workers (as the case may be) who are parties to the trade dispute or matter or all the employers or platform operators who are parties to the trade dispute or matter unanimously select a member of the worker panel or business panel, as the case may be, the president shall declare that that person shall be a member of the Court for the purposes of the trade dispute or matter.
trade dispute
“trade dispute” means a dispute (including a threatened, impending or probable dispute) as to industrial matters;
If a member of a panel is not selected in accordance with subsection (2), the president shall —
president
“president” means the president or the deputy president of the Courts and includes an acting president or acting deputy president;
if he is of the opinion that a member of that panel has been selected by trade unions of employees who represent the majority of employees, or platform work associations of platform workers who represent the majority of platform workers (as the case may be), concerned in the trade dispute or matter or by the majority of the employers or platform operators concerned in the trade dispute or matter, as the case may be, declare that that person shall be a member of the Court for the purposes of the trade dispute or matter; and
in any other case, notify the Minister and the Minister shall select a person from the panel and the president shall declare that that person shall be a member of the Court for the purposes of the trade dispute or matter.
When the president has declared that a person shall be a member of the Court for the purposes of a trade dispute or matter, that person shall, subject to section 12, be a member of the Court for the purposes of that trade dispute or matter notwithstanding that in the proceedings relating to the trade dispute or matter parties may be joined or struck out.
Such declaration shall not be challenged or called in question on the ground that the selection may not have been in accordance with this section.