Industrial Relations (Amendment) Bill

by inserting immediately after the word “declared” appearing in the fifth line of the definition of “employee” therein the words “by notification in the Gazette”;

by deleting the words “but shall not include any individual agreement or contract of service between employer and employee relating to the employment or terms of employment of such employee” appearing at the end of the definition of “industrial matters” therein; and

by inserting immediately after the word “includes” appearing in the second line of the definition of “Registrar” therein the words “a Deputy Registrar and”.

by deleting the words “three years” appearing in the third line thereof and substituting therefor the words “one year”;

by deleting the full-stop appearing at the end thereof and substituting therefor a colon; and

by adding thereto the following proviso: —“Provided that a panel member whose appointment expires during the course of any proceedings of the Court shall for the purposes of such proceedings and until their determination be deemed to remain a member of the Court.”.

No trade union of employees which has not been given recognition by an employer in the prescribed manner may serve on that employer a notice under section 16 of this Ordinance.(2) No trade union of employees whose constitution and rules do not permit it to admit as members any class of employees may seek recognition in respect of that class of employees or serve a notice under section 16 of this Ordinance in respect of such employees.(3) Where an employer raises the objection that a trade union should not represent certain employees or a class of employees, the employer and the trade union shall make a joint application to the Court for the determination of the question and until the Court gives its decision, such employer shall recognise the trade union in respect of other employees or class of employees in respect of whom the recognition of the trade union by the employer is not in dispute if the trade union represents the majority of such employees or class of employees.(4) The powers of the Court under subsection (3) of this section shall be exercisable by the Court constituted by the President alone.”.

by deleting subsection (3) thereof; and

by renumbering subsection (4) thereof as subsection (3).

refuse to certify a memorandum delivered under subsection (1) of this section if it is of opinion that it is not in the public interest that the collective agreement shall be certified or if it is of 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 agreement does not comply with subsection (3) of this section; and

before certifying a memorandum delivered under subsection (1) of this section, 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 provisions of this Ordinance or regulations made thereunder or any other written law or with any direction of the Court, and if any party to the collective agreement refuses to carry out such request the Court may, notwithstanding any other power exercisable under this Ordinance, amend the memorandum in the manner so required before proceeding to certify the memorandum:Provided that the Court may in its discretion afford the parties an opportunity to be heard before proceeding to amend the memorandum.”.

the parties to the agreement;

any successor to, or any assignee or transmittee of, the business of an employer bound by an agreement, including any corporation which has acquired or taken over the business of such an employer;

any successor to a trade union of employees which was a party to the agreement; and

any persons or trade unions upon whom it is declared to be binding by order made by the Minister under section 37 of this Ordinance.”.

by deleting the words “relating to any matter which would entail an expenditure of public funds or with regard to which the Yang di-Pertuan Negara is required under the provisions of the Singapore (Constitution) Order in Council, 1958, to act on the advice of the Public Service Commission or the Legal Service Commission”; and

by deleting the marginal note “S.I. 1958 No. 1956.” thereto.

the proceedings under subsection (4) of this section shall be suspended until the parties concerned have had the opportunity of negotiating and reaching agreement on the proposals made under section 16 of this Ordinance;

in the event of failure to reach agreement within two months of the date of service of the invitation to negotiate served under section 16 of this Ordinance, either party may notify the Court that no agreement had been reached and on such notification the application under subsection (4) of this section shall be deemed to be withdrawn and the Court shall proceed to determine the dispute as if a joint application under paragraph (a) of section 28 of this Ordinance had been made.”.

by inserting immediately after paragraph (d) thereof the following new paragraph: —“(e)any successor to a trade union which was a party to a trade dispute;”; and

by renumbering existing paragraphs (e) and (f) thereof as (f) and (g) respectively.

by deleting the expression “subsection (2)” appearing in the first line of subsection (1) thereof and substituting therefor the expression “subsections (2) and (3)”; and

by inserting immediately after subsection (2) thereof the following new subsections: —“(3) No award of the Court determining a trade dispute shall be varied or set aside except for the purpose of removing ambiguity or uncertainty.(4) Where an application for an order to vary or set aside any of the terms of an award has been made, under subsection (1) of this section, by any person or trade union bound by an award with the prior agreement of the other party affected by the application the powers of the Court under this section shall be exercisable by the Court constituted by the President alone.”.

by inserting immediately after paragraph (f) thereof the following new paragraph: —“(g)order the reinstatement of a dismissed employee or grant such other relief as it may consider desirable;”; and

by renumbering existing paragraphs (g) and (h) thereof as (h) and (i) respectively.

by inserting immediately after subsection (1) thereof the following new subsection: —“(2) Without prejudice to the generality of subsection (1) of this section, the Minister may make regulations to provide for the manner in which a trade union of employees may obtain recognition from an employer and for matters incidental thereto.”; and

by renumbering existing subsection (2) thereof as subsection (3).