Labour Disputes (Arbitration and Settlement) Act, 2006

The Act comes into force on a date to be appointed by the Minister by statutory instrument.

Provides definitions of terms used in the Act (interpretation of key words such as "employee", "employer", "strike", "Industrial Court", etc.).

Sets composition of the Industrial Court and prescribes appointment authorities and terms of office for members.

The Minister may consider nominations from panels put forward by the employers or employees when appointing an Industrial Court member, but the Minister is not bound by those nominations.

The Industrial Court must have a Registrar and support staff appointed by the Public Service Commission; the Registrar must be a public officer with relevant knowledge in industrial relations and serve as the administrative head of the Industrial Court under the supervision of the Chief Judge.

If the Industrial Court cannot agree, the Chief Judge must decide the matter.

An award or decision of the Industrial Court must be announced by the Chief Judge in the presence of the parties or their representatives; the Court may determine the award's effective date and period in force, and if it does not fix a date the effective date is the date the award is announced.

The Registrar of the Industrial Court must submit to the Minister a copy of every award of the Industrial Court.

A party to an award or decision of the Industrial Court must abide by its terms or else be in contempt of Court; Industrial Court awards are enforceable like High Court civil decisions.

A party to an Industrial Court award may apply to the Court to review its decision on interpretation within twenty-one days of the award or if new relevant facts arise; the Court may decide after hearing the parties or without a hearing with consent, and the Court’s decision must be notified to the parties and becomes part of the original award with the same effect.

The Industrial Court is not bound by the rules of evidence in civil proceedings and may require persons to provide evidence, attend and give evidence, or produce documents; a witness may object if answers or documents would incriminate them and is not liable for refusing.

If a disclosure made before the Industrial Court or a board of inquiry is requested to remain confidential, the disclosure must not be included in any award, finding, determination, report or other statement; members and persons present must not disclose such requested-to-be-confidential information without consent.

In any proceedings before the Industrial Court a party may appear personally, by an agent (including a labour union or an employer’s organisation), or be represented by an advocate.

Industrial Court sittings may be public or private; the Court may admit or exclude the public or press; the press present must not publish comments or reports likely to prejudice a party's fair hearing; the Court may order non-publication until an award is announced; contravention is an offence punishable by a fine not exceeding five currency points.

An appeal from a decision of the Industrial Court to the Court of Appeal is allowed only on a point of law or to decide whether the Industrial Court had jurisdiction.

A party to a recognition or procedural agreement may give two weeks’ notice to the other party to negotiate a likely dispute; if negotiations are not carried out, any party may report the matter to a Labour Officer who must investigate within two weeks of the report; on completing investigations the Labour Officer may order the parties to start negotiations within two weeks of conclusion or appoint a conciliator; if no agreement is reached section 5 applies and the matter is a labour dispute.

A Labour Officer must try to secure the settlement of trade disputes by voluntary procedures and may act as conciliator or nominate someone to do so.

The Minister may appoint a board of inquiry, which may be a single person or several persons, to inquire into matters relating to employer-employee relations and working conditions; appointed persons must be equally representative of employers and employees and not employed in the industry; the board has evidence powers like the Industrial Court under section 18.

A board of inquiry must submit a report to the Minister at the end of its inquiry; the Minister must publish the report (or parts of it) and, if it concerns a labour dispute, inform relevant parties as appropriate.

If the board's findings and recommendations are made known and the parties refuse to settle within the time the board specifies, the Minister may refer the dispute to the Industrial Court.

Labour Officers and the Minister may declare certain strike-related acts unlawful for specified periods; they may request or order compliance with collective agreements; if parties ignore orders the Minister or Labour Officer must refer the dispute to the Industrial Court; inducing or undertaking unlawful strikes or lock-outs is an offence punishable by fine or imprisonment.

It is an offence for any person to counsel or procure a strike, other industrial action, or introduce a lock-out during the existence of an award or during a period the action has been declared unlawful.

A party may report a labour dispute in writing to a Labour Officer; reporting to the Commissioner is allowed only if the dispute is or may become a national disaster; the Commissioner may take responsibility on his or her own motion where there are reasonable grounds; a person who reports must immediately send a copy to the other party.

Employees are permitted to take or prepare for industrial action in connection with a labour dispute, and employees who do so cannot be the subject of civil action under this section.

Employees and union officials may lawfully attend at or near workplaces or employers' business premises for peaceful persuasion or information-gathering in contemplation or furtherance of a labour dispute.

It is an offence for any person to compel or try to compel someone to do or not do something they have a legal right to do or not do by using violence, intimidation, or threats against them, their family, or their property; offenders on conviction face a fine not exceeding twenty-four currency points or up to one year imprisonment, or both.

A Labour Officer must deal with a labour dispute report within two weeks after receipt and may take actions such as rejecting the report with reasons, meeting the parties to conciliate, appointing a conciliator, referring the dispute back with settlement proposals, or informing parties that the matter cannot be dealt with under the Act.

If a labour dispute reported to a Labour Officer is not referred to the Industrial Court within eight weeks, any party may refer it to the Industrial Court; conciliation may be extended by two weeks with the parties' consent.

The Labour Officer must not refer the matter to the Industrial Court and must ensure that the parties follow the conciliation or arbitration agreement procedures for settling the dispute.

Establishes the Industrial Court and permits the Industrial Court to circuit as frequently as circumstances make it necessary.

The Industrial Court must arbitrate labour disputes referred under this Act, adjudicate questions of law and fact from references by other laws, and dispose of referred labour disputes without undue delay.

The Arbitration and Conciliation Act shall not apply to any proceedings of the Industrial Court under this Act, or to any award made by the Industrial Court.

Employees in listed essential services must not wilfully breach or terminate their contracts if doing so would deprive or substantially diminish the public's enjoyment of the service; causing or counselling such breaches is also prohibited; contraventions are offences punishable by up to 24 currency points or one year imprisonment.

Employees may always give notice of termination under the Employment Act 2006; employees participating in a contemplated collective withdrawal in an essential service must give written notice within specified 14–22 day timing; employees represented by a union (and persons who cause or counsel them) are not guilty of an offence for breaching their contract if the breach occurs after 14 days but before 22 days after delivery of notice; a notice is invalid if the Minister refers the dispute to the Industrial Court before the 14-day period expires.

Employers in essential services must post and maintain a printed copy of sections 33 and 34 and Schedule 2 at their principal premises; failure and willful removal/defacement are offences with specified fines and possible imprisonment.

Section Designation of essential services Section The Minister may, in consultation with the Labour Advisory Board , in addition to the services prescribed in Schedule 2, by statutory instrument made under section 42 , designate a service

A prosecution for any offence under this Act cannot be started except by, or with the written consent of, the Director of Public Prosecutions.

Parties to a collective agreement must lodge a signed copy with the Registrar of Labour Unions within twenty-eight days; a Labour Officer may advise parties but parties are not bound by that advice; unregistered agreements remain enforceable between the parties; contravening this section is an offence punishable by a fine up to twenty-four currency points or imprisonment up to one year, or both.

Terms of a registered collective agreement must, so far as appropriate, be incorporated into the contracts of employment of employees who are subject to it and give rise to legally enforceable rights.

The Minister may, in consultation with the Chief Justice, make rules about how labour disputes are referred to and heard by the Industrial Court; if no rules exist on a question arising in a hearing, the Industrial Court shall regulate its own procedure.

The Minister must determine the remuneration and allowances for members and staff of the Industrial Court and any board of inquiry, but only with approval of the Minister responsible for finance.

The Minister may make regulations by statutory instrument, after consulting the Labour Advisory Board and obtaining Parliament's approval, to carry out the purposes of the Act; such regulations may prescribe that an offender who contravenes them is liable on conviction to a fine up to twenty-four currency points, or to imprisonment up to one year, or both.

The Minister may amend Schedule 1 with Cabinet approval, and may amend Schedule 2 with the Labour Advisory Board's approval, both by statutory instrument.

Repeals the Trade Disputes (Arbitration and Settlement) Act and provides that instruments, agreements, awards, directions, appointments and proceedings made or in force under the repealed Act continue in force as if made under the new Act unless inconsistent or revoked by regulations under the new Act.