Industrial Relations Act 1946
F36 [ Proposals by joint labour committee for employment regulation orders.
42B. — (1) Where a joint labour committee has formulated proposals for an employment regulation order, the committee shall publish a notice stating —
( a ) the place where copies of the proposals may be obtained,
( b ) that representations with respect to the proposals may be made to the committee not later than 21 days after the date of such publication.
(2) A joint labour committee shall consider any representations made in accordance with subsection (1) and may, subject to any amendments it considers appropriate following such consideration, adopt the proposals.
(3) The chairman of a joint labour committee shall facilitate the parties in reaching agreement in relation to the formulation of proposals for an employment regulation order and the adoption of such proposals, and for that purpose the chairman may adjourn a meeting of a joint labour committee.
(4) Notwithstanding section 26 of the Industrial Relations Act 1990 , where a joint labour committee has failed to formulate proposals or where it has formulated proposals and has failed to adopt such proposals, and the chairman is satisfied that no further efforts on his or her part will advance the committee in reaching agreement, the chairman may, and shall if requested by a member of the committee, submit the outstanding issues to the Court for its recommendation.
(5) The Court shall, not later than 21 days after receipt of a submission under subsection (4), hear the members of the joint labour committee.
(6) The Court shall, not later than 14 days after a hearing under subsection (5), make a recommendation to the joint labour committee.
(7) When making a recommendation under subsection (6), the Court shall —
( a ) be satisfied that the terms of the recommendation would promote harmonious relations between workers and employers and avoid industrial unrest, and
( b ) have regard to the following:
(i) the representations made by the parties at the hearing;
(ii) any relevant code of practice for the purposes of the Industrial Relations Act 1990 ;
(iii) the economic and commercial circumstances in relation to the sector to which the joint labour committee relates;
(iv) the rates of remuneration and conditions of employment of workers in similar employment sectors, including workers in a sector to which another joint labour committee relates;
(v) the merits of the dispute and the terms upon which it should be settled.
(8) Not later than 14 days after the Court makes a recommendation under subsection (6), the joint labour committee shall hold a meeting to consider the recommendation.
(9) Where, at a meeting held under subsection (8), the joint labour committee fails to formulate or adopt proposals for an employment regulation order, the issues in dispute shall be determined by a majority of the votes of the members present and voting on the issue and, notwithstanding subparagraph (1) of paragraph 6 of the Fifth Schedule to the Industrial Relations Act 1990 , if there is an equal division of votes the chairman shall cast his or her vote having regard to the recommendation of the Court.
(10) Where the committee adopts proposals for an employment regulation order, it shall submit such proposals to the Court.
(11) When proposals for an employment regulation order are submitted to the Court, the chairman of the committee shall submit —
( a ) a report to the Court on the circumstances surrounding their adoption, including confirmation that in considering the proposals the joint labour committee has had regard to the matters set out in subsection (6) of section 42A,
( b ) a copy of all written submissions considered by the committee when formulating and adopting the proposals, and
( c ) a copy of any other documentation considered by the committee when formulating the proposals.
(12) ( a ) When considering whether or not to adopt the proposals of a joint labour committee, the Court shall consider any reports, submissions or other documentation submitted under subsection (11).
( b ) Where the Court has not made a recommendation under subsection (6), the Court may, where it considers it appropriate to do so, hear all parties appearing to the Court to be interested and desiring to be heard.
( c ) The Court may, as it thinks proper and where the proposals are in a suitable form for adoption, adopt the proposals of a joint labour committee.
( d ) The Court shall not adopt the proposals of a joint labour committee unless the Court is satisfied that, when considering the proposals, the committee has had regard to the matters set out in subsection (6) of section 42A.
(13) ( a ) Where the Court is not satisfied that it should adopt the proposals of a joint labour committee, it may submit to the committee amended proposals which the Court is willing to adopt.
( b ) The committee may, if it thinks fit, submit the amended proposals, with or without modifications, to the Court.
( c ) The Court may, as it thinks proper, adopt the proposals submitted under paragraph ( b ) or refuse to adopt the proposals. ]