Industrial Relations (Amendment) Bill

Bill No. 59/1965

Read the first time on 13th December 1965.

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

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title

1. This Act may be cited as the Industrial Relations (Amendment) Act, 1965.

Amendment of section 2

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

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

Amendment of section 4

3. Section 4 of the Ordinance is hereby amended by deleting subsection (1) thereof and substituting therefor the following: —

“(1) The President of the Court shall not be deemed to be a public servant, but shall have the same rights, privileges, protection and immunity as a Judge of the Supreme Court and the provisions of the Constitution of Singapore relating to the tenure of office and the terms of office of Judges of the Supreme Court shall be deemed to apply to him as if he were a Judge of the Supreme Court.”.

Amendment of section 7

4. Section 7 of the Ordinance is hereby amended by inserting immediately after subsection (4) thereof the following new subsection: —

“(5) The Minister may exempt any person from the provisions of subsection (1) or (3) of this section.”.

Amendment of section 8

5. Section 8 of the Ordinance is hereby amended —

(a)

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

(b)

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

(c)

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.”.

Amendment of section 9

6. Subsection (2) of section 9 of the Ordinance is hereby amended by deleting the words “Yang di-Pertuan Negara” appearing in the first line thereof and substituting therefor the word “Minister”.

Amendment of section 15

7. Subsection (1) of section 15 of the Ordinance is hereby amended by inserting immediately after the word “such” appearing in the second line thereof the words “Deputy Registrars and”.

New section 15A

8. Part III of the Ordinance is hereby amended by inserting immediately before section 16 thereof the following new section: —

“Recognition of trade union of employees

15A.—(1) 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.”.

Amendment of section 16

9. Section 16 of the Ordinance is hereby amended by deleting the words “A trade union of employees may serve on an employer” appearing at the beginning thereof and substituting therefor the words “A trade union of employees which has been accorded recognition by an employer may serve on that employer”.

Amendment of section 18

10. Section 18 of the Ordinance is hereby amended —

(a)	by deleting subsection (3) thereof; and
(b)	by renumbering subsection (4) thereof as subsection (3).

Amendment of section 23

11. Section 23 of the Ordinance is hereby amended by deleting subsection (2) thereof and substituting therefor the following: —

“(2) The Court may in its discretion —

(a)

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

(b)

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.”.

Repeal and re-enactment of section 24

12. Section 24 of the Ordinance is hereby repealed and the following substituted therefor: —

“Collective agreement deemed to be an award

24. A collective agreement, a memorandum of which has been certified by the Court, shall be deemed to be an award for the purposes of this Ordinance and shall be binding on —

(a)	the parties to the agreement;
(b)	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;
(c)	any successor to a trade union of employees which was a party to the agreement; and
(d)	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.”.

Amendment of section 26

13. Subsection (1) of section 26 of the Ordinance is hereby amended by deleting the word “or” appearing in the second line thereof and substituting therefor the words “and such persons as he thinks fit to be”.

Amendment of section 30

14. Section 30 of the Ordinance is hereby amended —

(a)	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
(b)	by deleting the marginal note “S.I. 1958 No. 1956.” thereto.

Amendment of section 35

15. Section 35 of the Ordinance is hereby amended by inserting immediately after subsection (4) thereof the following new subsection: —

“(5) Where an application has been made under subsection (4) of this section and a notice under section 16 of this Ordinance has been served either before or after such application —

(a)

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;

(b)

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.”.

Amendment of section 36

16. Subsection (1) of section 36 of the Ordinance is hereby amended —

(a)

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

(b)

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

Amendment of section 38

17. Section 38 of the Ordinance is hereby amended by inserting immediately after the word “disputes” appearing in the seventh line of paragraph (a) thereof the words “including all matters relating to the dismissal of or the reinstatement in employment of any employee or class of employees”.

Amendment of section 39

18. Subsections (2) and (3) of section 39 of the Ordinance are hereby deleted and the following new subsections substituted therefor: —

“(2) The Minister shall appoint persons whom he considers suitable as referees and the names of such persons shall be published from time to time in the Gazette and such referees shall be eligible for re-appointment.

(3) The appointment of referees shall be liable to be revoked at any time by the Minister but they shall, unless their appointment is so revoked or they resign in the meantime, hold office for a term of two years.

(4) The decision of the referee under subsection (1) of this section shall be given within three weeks after the completion of the hearing of the trade dispute or matter unless the President otherwise directs.

(5) 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.

(6) An appeal under subsection (5) of this section shall be made in the prescribed manner within fourteen days from the date of the referee’s decision.”.

Amendment of section 41

19. Section 41 of the Ordinance is hereby amended —

(a)

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

(b)

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.”.

Amendment of section 55

20. Subsection (1) of section 55 of the Ordinance is hereby amended by inserting immediately after the expression “sections 23,” appearing in the first line thereof the expression “39,”.

Amendment of section 57

21. Section 57 of the Ordinance is hereby amended —

(a)

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

(b)

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

Amendment of section 79

22. Subsection (2) of section 79 of the Ordinance is hereby deleted and the following new subsections substituted therefor: —

“(2) No prosecution shall be instituted in respect of an offence under section 75, 77 or 78 of this Ordinance without the previous written consent of the Public Prosecutor.

(3) The Commissioner may authorise in writing any public officer to investigate complaints in respect of offences under this Ordinance.

(4) A public officer making an investigation under this section may, by order in writing, require the attendance before himself of any person being within the limits of Singapore who from the information given or otherwise appears to be acquainted with the circumstances of the case and such person shall attend as so required.

(5) If any such person fails to attend as so required such public officer may report such failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order as aforesaid.

(6) A public officer making an investigation under this section may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(7) Such person shall be bound to state truly the facts and circumstances with which he is acquainted concerning the case save only that he may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(8) A statement made by any person under the provisions of this section shall be read over to him and shall, after correction if necessary, be signed by him.”.

Amendment of section 81

23. Section 81 of the Ordinance is hereby amended —

(a)

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

(b)

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

Miscellaneous amendments

24.—(1) The following sections of the Ordinance are hereby amended by deleting the expression “State Advocate-General” wherever they appear therein and substituting therefor the expression “Attorney-General”: —

Sections 55(2), 59(1), 59(2), 60(1), 61(2), 61(3), 61(4) and 61(5).

(2) The following sections of the Ordinance are hereby amended by deleting the words “the Legislative Assembly” and “the Assembly” wherever they appear therein and substituting therefor the word “Parliament”: —

Sections 81(2) and 83.

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