Trade Unions (Amendment) Bill

Bill No. 6/2000

Read the first time on 17th January 2000.

An Act to amend the Trade Unions Act (Chapter 333 of the 1985 Revised Edition).

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

Short title and commencement

1. This Act may be cited as the Trade Unions (Amendment) Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Trade Unions Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately before the definition of “employer”, the following definition:

“ “delegate” means —

(a)	in relation to a trade union which is not a federation, a person who is elected or appointed in accordance with the rules of the trade union to attend and vote at a meeting of the trade union on behalf of any number of members of the trade union; or
(b)	in relation to a federation, a person elected or appointed in accordance with the rules of the federation to attend and vote at a meeting of the federation on behalf of any of the constituent trade unions of the federation;”;

(b)

by inserting, immediately after the definition of “executive”, the following definition:

“ “federation” means a federation of 2 or more trade unions;”;

(c)

by inserting, immediately after the definition of “Registrar”, the following definition:

“ “requisite consent” —

(a)

in relation to a trade union which is not a federation, means the consent, obtained by secret ballot, of —

(i)	the majority of the members of the trade union voting on their own behalf on the matter for which consent is sought; or
(ii)	where the rules of the trade union allow or require a decision on that matter to be taken by means of voting by delegates and the decision is taken using that means, two-thirds of the total number of delegates representing the members; or

(b)

in relation to a federation, means the consent, obtained by secret ballot, of two-thirds of the total number of delegates representing the constituent trade unions of the federation;”; and

(d)

by deleting the words “of two or more trade unions” in the penultimate and last lines of the definition of “trade union”.

Amendment of section 7

3. Section 7 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsections:

“(1) The Registrar shall keep and maintain a register of trade unions which shall contain such particulars of each registered trade union as may be prescribed.

(2) The register may be kept in whole or in part in an electronic form.

(3) The Registrar may require an officer or member of a registered trade union to produce such document or provide such information as the Registrar may require for the purposes of maintaining the register.

(4) The Registrar may order the destruction of any document in the registry after the document has been microfilmed or converted to electronic form.”; and

(b)

by renumbering the existing subsection (2) as subsection (5).

Amendment of section 9

4. Section 9 of the principal Act is amended by deleting subsection (2) and substituting the following subsection:

“(2) Every application shall be made in the prescribed form and shall be accompanied by —

(a)	the prescribed fee;
(b)	a copy of the rules of the trade union; and
(c)	a statement of the prescribed particulars of the members making the application and the officers of the trade union.”.

Amendment of section 16

5. Section 16 of the principal Act is amended —

(a)

by deleting the word “bank” in the following subsections and substituting in each case the words “financial institution”:

Subsections (1) (4th line), (2) (4th line), (3), (4) (1st line) and (5) (5th and 6th lines);

(b)

by inserting, immediately after the word “pay” in the 4th lines of subsections (1) and (2), the words “or cause to be paid”;

(c)

by inserting, immediately after subsection (6), the following subsection:

“(7) For the purposes of this section, “financial institution” means a bank, a finance company, or any co-operative society carrying on the business of managing and investing funds.”; and

(d)

by deleting the marginal note and substituting the following section heading:

“Power to stop payment of money held by financial institution”.

Amendment of section 27

6. Section 27 of the principal Act is amended —

(a)	by deleting “$2,000” in subsection (2) and substituting “$3,000”;
(b)	by deleting “$1,000” in the last line of subsection (3) and substituting “$2,000”;
(c)	by deleting “$2,000” in the last line of subsection (4) and substituting “$3,000”;
(d)	by deleting “$1,000” in the last line of subsection (5) and substituting “$2,000”; and
(e)	by deleting “$1,000” in the last line of subsection (6) and substituting “$2,000”.

Amendment of section 30

7. Section 30(1) of the principal Act is amended by inserting, immediately after the word “he” in the 3rd line, the words “is an undischarged bankrupt or”.

Repeal and re-enactment of sections 33 and 34

8. Sections 33 and 34 of the principal Act are repealed and the following sections substituted therefor:

“Change of name

33. A registered trade union shall not change its name except with the requisite consent of —

(a)	its members; or
(b)	where the trade union is a federation, its constituent trade unions.

Amalgamation

34.—(1) Any 2 or more registered trade unions may become amalgamated as one trade union if each of the trade unions has the requisite consent of —

(a)	its members; or
(b)	where the trade union is a federation, its constituent trade unions,

to the amalgamation.

(2) The amalgamation may be undertaken with or without dissolution or division of the funds of the trade unions or either or any of them.”.

Amendment of section 35

9. Section 35 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:

“(1) Notice in writing shall be given to the Registrar of every change of name and every amalgamation, signed —

(a)	in the case of a change of name, by the secretary and 7 members of the registered trade union changing its name; and
(b)	in the case of an amalgamation, by the secretary and 7 members of every registered trade union which is a party to the amalgamation.

(1A) Where the trade union referred to in subsection (1)(a) or (b) is a federation, the notice shall be signed by the secretary and 7 delegates representing one or more of the constituent trade unions of the federation.”.

Amendment of section 37

10. Section 37(3) of the principal Act is amended by deleting “$20” in the 11th line and substituting “$50”.

Amendment of section 38

11. Section 38(2) of the principal Act is amended by deleting the words “a sum not exceeding $1” in the last line and substituting the words “the prescribed sum”.

Amendment of section 39

12. Section 39(1) of the principal Act is amended by deleting the word “thereof” in the 3rd line and substituting the words “or delegate (as the case may be)”.

Amendment of section 43

13. Section 43 of the principal Act is amended by inserting, immediately after subsection (1), the following subsections:

“(1A) No person who is an undischarged bankrupt —

(a)	shall be appointed or elected as a trustee of a trade union; or
(b)	if so appointed or elected, shall remain as such.

(1B) No person who has been convicted of an offence involving fraud or dishonesty or any other offence which, in the opinion of the Minister, renders him unfit to be a trustee of a trade union —

(a)	shall be appointed or elected as a trustee of a trade union; or
(b)	if so appointed or elected, shall remain as such,

except with the approval of the Minister.”.

Repeal and re-enactment of section 46

14. Section 46 of the principal Act is repealed and the following section substituted therefor:

“Purchase or lease of land or buildings

46.—(1) Subject to subsection (2) and to any provision in its rules, a registered trade union may —

(a)	purchase or take a lease of, for the purposes of the trade union and in the names of its trustees, any land or building; and
(b)	subject to any written or other law which may be applicable, sell, exchange, charge or lease any land or building purchased or leased by it.

(2) A registered trade union shall not purchase or take a lease of any land, or building, situated outside Singapore without having first obtained the requisite consent of —

(a)	its members; or
(b)	where the trade union is a federation, its constituent trade unions.”.

Amendment of section 47

15. Section 47 of the principal Act is amended —

(a)

by deleting the 4th to 7th lines of subsection (2) and substituting the following words:

“for any other purpose without the requisite consent of members of the trade union.”; and

(b)

by inserting, immediately after subsection (2), the following subsections:

“(3) Any moneys received for a specific purpose by a federation from its constituent trade unions, which the constituent trade unions are liable to pay to the federation in accordance with the rules of the federation, shall not be used or applied for any other purpose without the requisite consent of the constituent trade unions.

(4) Within 7 days from the date the requisite consent referred to in subsection (2) or (3) is obtained, the secretary of the trade union concerned shall notify the Registrar of the consent and provide to the Registrar such information in respect of the consent as the Registrar may require.”.

Amendment of section 53

16. Section 53 of the principal Act is amended —

(a)	by deleting the words “In the case of a registered trade union which was established before the commencement of this Act, it shall be lawful for the Registrar,” in the 1st, 2nd and 3rd lines of subsection (3) and substituting the words “The Registrar may,”;
(b)	by deleting “$200” in the last line of subsection (5) and substituting “$2,000”; and
(c)	by deleting “$200” in the 6th line of subsection (6) and substituting “$2,000”.

Amendment of section 55

17. Section 55(2) of the principal Act is amended by deleting paragraph (e) and substituting the following paragraphs:

“(e)	the conditions subject to which the register or any document kept by the Registrar may be inspected and an extract from or copy of an entry in the register or the document may be given, and the fees chargeable for the inspection, extract or copy;
(ea)	the manner and method of filing applications, forms, notices, requests or returns under the Act or the regulations with the Registrar;”.

Amendment of section 56

18. Section 56(3) of the principal Act is amended by deleting “$1,000” in the last line and substituting “$2,000”.

Amendment of section 57

19. Section 57 of the principal Act is amended by deleting “$200” in the penultimate line and substituting “$2,000”.

Amendment of section 58

20. Section 58 of the principal Act is amended by deleting “$1,000” in the last line and substituting “$2,000”.

Amendment of section 59

21. Section 59(1) of the principal Act is amended by deleting “$1,000” in the 5th line and substituting “$2,000”.

New section 59A

22. The principal Act is amended by inserting, immediately after section 59, the following section:

“Composition of offences

59A.—(1) The Minister may by regulations prescribe any offence under this Act or any regulations made thereunder as an offence which may be compounded.

(2) The Registrar may, in his discretion, compound any offence so prescribed by collecting from the person or trade union reasonably suspected of having committed the offence a sum not exceeding $200.”.

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