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Industrial Relations (Amendment) Ordinance

Bill No. 186/1962

Read the first time on 29th June 1962.

An Ordinance to amend the Industrial Relations Ordinance, 1960 (No. 20 of 1960).

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title

1. This Ordinance may be cited as the Industrial Relations (Amendment) Ordinance, 1962.

Amendment of section 2

2. Section 2 of the Industrial Relations Ordinance, 1960 (hereinafter in this Ordinance referred to as the “principal Ordinance”) is hereby amended —

(a)

by deleting the word “the” appearing in the first line of the definition of “Court” therein and substituting therefor the word “an”;

(b)

by inserting immediately after the word “person” appearing at the end of the definition of “industrial matters” therein 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”; and

(c)

by deleting the definition of “President” appearing therein and substituting therefor the following: —

“ “President” means the President or the Deputy President of the Court and includes an acting President or acting Deputy President;”.

Amendment of section 3

3. Section 3 of the principal Ordinance is hereby amended —

(a)	by deleting the expression “an Industrial Arbitration Court, the President of which shall be a person” appearing in the first and second lines of subsection (1) thereof and substituting therefor the expression “one or more Industrial Arbitration Courts to be presided over by a President or Deputy President”; and
(b)	by inserting immediately after the word “President” appearing in the fifth line of subsection (2) thereof the words “or the Deputy President”.

Amendment of section 4

4. Section 4 of the principal Ordinance is hereby amended —

(a)

by renumbering the existing section as subsection (1);

(b)

by inserting the following new subsection: —

“(2) The Deputy President shall be paid such remuneration and allowances as may from time to time be determined and shall in the performance of his functions and duties have the same protection and immunity as the President of the Court.”; and

(c)

by inserting immediately after the word “President” appearing in the marginal note thereto the words “and Deputy President”.

Amendment of section 6

5. Section 6 of the principal Ordinance is hereby amended —

(a)

by deleting the words “the Singapore Trade Union Congress” appearing in the first line of paragraph (b) of subsection (3) thereof and substituting therefor the words “a trade union of employees”;

(b)

by deleting paragraph (b) of subsection (4) thereof and substituting therefor the following: —

“(b)	the members of the employee panel shall be persons nominated in reply to an invitation by the Minister under subsection (3) of this section.”;

(c)

by inserting immediately after the word “employers” appearing in the second line of subsection (5) thereof the words “or employees”; and

(d)

by deleting the expression “or from the Singapore Trade Union Congress, as the case may be,” appearing in the third and fourth lines of subsection (5) thereof.

Amendment of section 13

6. Section 13 of the principal Ordinance is hereby amended —

(a)

by renumbering the existing section as subsection (1); and

(b)

by inserting the following new subsection: —

“(2) The members of the Court shall take the oath of allegiance and the judicial oath.”.

Amendment of section 21

7. Subsection (1) of section 21 of the principal Ordinance is hereby amended by deleting the expression “a trade dispute notified by the Commissioner under section 18 or 20 of this Ordinance” appearing in the second and third lines thereof and substituting therefor the words “any trade dispute”.

Amendment of section 23

8. Section 23 of the principal Ordinance is hereby amended —

(a)

by deleting the word “President” appearing in the last line of subsection (1) thereof and substituting therefor the word “Court”;

(b)

by deleting subsection (2) thereof and substituting therefor the following: —

“(2) The Court may in its discretion 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.”;

(c)

by deleting the word “President” appearing in the fifth line of subsection (3) thereof and substituting therefor the word “Court”;

(d)

by deleting the words “may be a person designated in the agreement or” appearing in the tenth line of subsection (3) thereof and substituting therefor the words “shall be”;

(e)

by deleting the word “President” appearing in the first line of subsection (4) thereof and substituting therefor the word “Court”; and

(f)

by inserting immediately after subsection (4) thereof the following new subsection: —

“(5) Any person who or any trade union which —

(a)	enters into a collective agreement, which is specified to continue in force for less than eighteen months or more than three years from the date on which it is expressed to commence;
(b)	delivers to the Registrar a memorandum which does not contain all the terms of the agreement entered into by him or it; or
(c)	fails or neglects to bring a collective agreement or any of the terms of such agreement entered into by him or it to the notice of the Court in accordance with the provisions of this Ordinance,

shall be guilty of an offence under this Ordinance.”.

Amendment of section 24

9. Section 24 of the principal Ordinance is hereby amended by deleting the word “President” appearing in the second line thereof and substituting therefor the word “Court”.

Amendment of section 25

10. Section 25 of the principal Ordinance is hereby amended by deleting the words “under this Ordinance” appearing in the second line thereof.

New section 27A

11. The principal Ordinance is hereby amended by inserting immediately after section 27 thereof the following new section: —

“Negotiations otherwise than under this Part of this Ordinance

27A. Any person who or trade union which enters into negotiations in relation to industrial matters otherwise than in accordance with the provisions of this Part of this Ordinance shall be guilty of an offence under this Ordinance.”.

Amendment of section 39

12. Section 39 of the principal Ordinance is hereby amended —

(a)

by deleting the words “may be a person designated in the award or” appearing in the sixth and seventh lines of subsection (1) thereof and substituting therefor the words “shall be”; and

(b)

by inserting immediately after subsection (2) thereof the following new subsection: —

“(3) An appeal shall lie from the decision of the referee to the Court and the decision of the Court on such appeal shall be final and conclusive.”.

Amendment of section 43

13. Section 43 of the principal Ordinance is hereby amended by deleting the words “shall not be challenged” appearing in the second line thereof and substituting therefor the words “no award or decision or order of the Court or the President or a referee shall be challenged”.

Amendment of section 55

14. Subsection (1) of section 55 of the principal Ordinance is hereby amended by inserting immediately after the word “sections” appearing in the first line thereof the expression “23,”.