Trade Unions (Amendment) Bill

Bill No. 69/1965

Read the first time on 23rd December 1965.

An Act to amend the Trade Unions Ordinance (Chapter 154 of the 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, 1965, 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 Ordinance (hereinafter in this Act referred to as the “Ordinance”) is hereby amended by deleting the definitions of “executive” and “officer” appearing therein and substituting therefor in their appropriate places the following: —

“ “executive” means the body, by whatever name called, to which the management of the affairs of a trade union or of any branch thereof is entrusted;

“officer”, when used with reference to a trade union, includes any member of the executive thereof and any member of any committee, provision for which is made in the rules of the trade union, but does not include an auditor;”.

New section 24A

3. The Ordinance is hereby amended by inserting immediately after section 24 thereof the following new section: —

“Strike and lock-out

24A.—(1) A registered trade union shall not commence, promote, organise or finance any strike or lock-out or any form of industrial action without the consent of the majority of the members thereof, which consent shall be obtained by taking a secret ballot of the members of such registered trade union.

(2) Any registered trade union which, and every member of its executive who, contravenes the provisions of subsection (1) shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars.

(3) In any proceedings for an offence under this section, the onus of proving that the requirements specified in subsection (1) have been complied with shall be on the registered trade union or the member of its executive, as the case may be.

(4) For the purposes of this section, “industrial action” means any action aimed at retarding, obstructing, limiting or reducing the normal progress of work in any occupation, service, trade, industry or business and includes the performance of work or the adoption of a practice, procedure or method, where the result would be a limitation on output or production, or a tendency to limit or restrict output or production.”.

Repeal and re-enactment of section 26

4. Section 26 of the Ordinance is hereby repealed and the following substituted therefor: —

“Officers of trade union

26.—(1) A person shall not act as an officer of a trade union or any branch thereof, and shall be disqualified for election as such officer, if —

(a)	he is not a citizen of Singapore; or
(b)	he has been convicted by any court of criminal breach of trust, extortion or criminal intimidation, or of any offence which in the opinion of the Minister renders him unfit to be an officer of a trade union:

Provided that the provisions of paragraph (b) shall not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be an officer of a trade union.

(2) Not less than two-thirds of the total number of the officers of every registered trade union shall be persons actually engaged or employed in any trade, occupation or industry with which the trade union is connected.”.

New sections 26A and 26B

5. The Ordinance is hereby amended by inserting immediately after section 26 thereof the following new sections: —

“Employees of a trade union

26A.—(1) A registered trade union may, subject to the provisions of subsection (2) and of the rules of such union, employ and pay such persons as may be necessary for the purposes of such union.

(2) A person shall not be employed by a registered trade union under the provisions of subsection (1) —

(a)	if he is not a citizen of Singapore; or
(b)	if he has been convicted by any court of a criminal offence and has not received a free pardon in respect thereof, and such conviction in the opinion of the Minister renders him unfit to be employed by a trade union:

Provided that the provisions of paragraph (b) shall not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be employed by a trade union.

Powers of Minister in relation to sections 26 and 26A

26B. The Minister may by order —

(a)	declare that the provisions of section 26 or 26A shall not apply to any registered trade union or class of registered trade unions specified in the order; or
(b)	grant, either absolutely or subject to such conditions as he may consider reasonably necessary, exemption from all or any of the provisions of section 26 or 26A in respect of officers or employees or such proportion or class of officers or employees of any registered trade union or class of registered trade unions as may be specified in the order.”.

New section 32A

6. The Ordinance is hereby amended by inserting immediately after section 32 thereof the following new section: —

“Secret ballot

32A.—(1) The rules of a registered trade union relating to the taking of decisions by secret ballot shall ensure that every member thereof has an equal right, and a reasonable opportunity to record his vote freely, that the results of the voting are correctly ascertained and declared, and that the secrecy of the ballot is properly secured.

(2) For the purpose of satisfying himself that a secret ballot taken by a registered trade union has been properly conducted, the Registrar may order a person to deliver to him any ballot papers, envelopes, lists or other documents which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person and may take possession of any such ballot papers, envelopes, lists or other documents and may inspect the same and retain them for such period as is necessary for such purpose; but save as aforesaid or as may be provided in the rules of the trade union, no person shall be allowed to inspect or copy any such paper or document relating to a secret ballot.

(3) A registered trade union and every officer of a registered trade union who is able to do so shall, notwithstanding anything contained in the rules of the union, take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents used in connection with or relevant to a secret ballot shall be kept at the registered office of the union for a period of six months after the completion of the secret ballot.

(4) The results of a secret ballot taken to decide any of the matters set out in paragraph 8 of the Schedule shall be sent to the Registrar within seven days after the holding of the secret ballot by the secretary of the trade union in such form as the Registrar may direct.”.

Repeal and re-enactment of section 33

7. Section 33 of the Ordinance is hereby repealed and the following substituted therefor: —

“Notification of change of officers, etc

33.—(1) A registered trade union shall, prominently and in such place that it may be easily read, exhibit at its registered office a notice showing the names and titles of the officers for the time being of the union and shall so exhibit at the office of each branch a notice showing the names and titles of the officers for the time being of the branch.

(2) When a person becomes or ceases to be an officer of a registered trade union or a branch of a registered trade union or when the title of any officer is changed, notice thereof in the prescribed form shall be sent to the Registrar within seven days thereafter by such trade union together with the prescribed fee and the Registrar shall, on being satisfied that the appointment or election of the officer or the change is not contrary to the rules of the union or of the provisions of this Ordinance or of any regulations made thereunder, thereupon alter the register accordingly.”.

New section 33A

8. The Ordinance is hereby amended by inserting immediately after section 33 thereof the following new section: —

“Notification of change of employees

32A. When a person becomes or ceases to be an employee of a registered trade union or a branch of a registered trade union, notice thereof shall be sent to the Registrar within seven days thereafter by such trade union in such form as the Registrar may direct.”.

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