Industrial Relations (Amendment) Act 2015
New section 2A inserted into Principal Act
29. The Principal Act is amended by the insertion of the following section after section 2:
“Section 2: supplemental matters relating to number of members of trade union employed by employer
2A. (1) For the purposes of subsection (3) of section 2 in respect of establishing the number of workers who are party to the trade dispute, a statutory declaration made by the chief officer of the trade union which made the request under subsection (1) of section 2, specifying—
(a) the number of the members of that trade union who are in the employment of the employer concerned in the grade, group or category to which the trade dispute refers and who are party to the trade dispute, and
(b) the period of membership of such members in that trade union,
shall be admissible in evidence without further proof, unless the contrary is shown, of such numbers and such period.
(2) Where an employer seeks to have the matters specified in a statutory declaration made pursuant to subsection (1) examined—
(a) the employer may request the Court to satisfy itself that the matters specified in the statutory declaration are correct, and
(b) the Court may, for the purposes of paragraph (a), examine the number of members of the trade union, specified in the statutory declaration as being in the employment of the employer concerned—
(i) in the grade, group or category to which the trade dispute refers, and
(ii) who are party to the trade dispute.
(3) When performing its functions under subsection (2) the Court shall ensure that the identities of the members of the trade union referred to in paragraph (a) of subsection (1) remain confidential for the purposes of subsection (3) of section 2.
(4) The Court shall, following the examination under subsection (2), inform the parties that it is satisfied, or as the case may be, is not satisfied, of the matters specified in paragraphs (a) and (b) of that subsection.
(5) In this section ‘chief officer of the trade union’ includes the general secretary of the trade union, the general president of the trade union and any person charged with a general executive authority in respect of the trade union.”.