Public Services Association of Trinidad and Tobago (Appellant) v Trinidad and Tobago Civil Aviation Authority (Respondent) (Trinidad and Tobago)

Public Services Association of Trinidad and Tobago (Appellant) v Trinidad and Tobago Civil Aviation Authority (Respondent) (Trinidad and Tobago)

Section 26A of the Civil Aviation Act deems the Association to be the certified recognised majority union for the relevant bargaining unit, and the opening words 'subject to the Industrial Relations Act' do not import section 38(4) to nullify this effect. However, the procedural requirements of sections 37 and 41 of the Industrial Relations Act must be fulfilled before the Association is treated as such for collective bargaining purposes.

Citation
[2025] UKPC 40
Parties
Appellant/respondent: Public Services Association of Trinidad and Tobago; Respondent/appellant: Trinidad and Tobago Civil Aviation Authority
Jurisdiction
United Kingdom
Judgment Date
11 September 2025
Procedural Posture
Appeal / Judgment of the Judicial Committee of the Privy Council
Outcome
Appeal allowed in part; cross-appeal allowed; complaint dismissed.
Legal Topics
Trade Union Recognition, Collective Bargaining, Deeming Provisions, Industrial Relations Offences
Labour Law Statutory Interpretation Trade Union Recognition Collective Bargaining Deeming Provisions Industrial Relations Offences

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Parties

Public Services Association of Trinidad and Tobago

Appellant/respondent

Trinidad and Tobago Civil Aviation Authority

Respondent/appellant

Procedural Posture

Appeal / Judgment of the Judicial Committee of the Privy Council

Legal Issues

  1. 1 Whether the Public Services Association is deemed to be the certified recognised majority union for the bargaining unit comprising the monthly paid/monthly rated employees of the CAA under section 26A of the Civil Aviation Act, as amended.
  2. 2 Whether the opening words 'subject to the Industrial Relations Act' in section 26A render the deeming provision subject to section 38(4) of the Industrial Relations Act, thereby nullifying its effect.
  3. 3 Whether the procedural requirements under sections 37 and 41 of the Industrial Relations Act must be fulfilled before the Association is treated as the recognised majority union for collective bargaining purposes.

Ratio Decidendi

Section 26A of the Civil Aviation Act deems the Association to be the certified recognised majority union for the relevant bargaining unit, and the opening words 'subject to the Industrial Relations Act' do not import section 38(4) to nullify this effect. However, the procedural requirements of sections 37 and 41 of the Industrial Relations Act must be fulfilled before the Association is treated as such for collective bargaining purposes.

Court Disposition

Appeal allowed in part; cross-appeal allowed; complaint dismissed.

Orders

  • Declaration that the Association is the recognised majority union of the monthly paid/monthly rated workers employed by the CAA by virtue of section 26A.
  • Dismissal of the Association’s complaint to the Industrial Court that the CAA committed an industrial relations offence under section 40(2) of the Industrial Relations Act.