Government powers

Press, Volume CXIV, Issue 33588, 17 July 1974, Page 14

Government powers

The Minister of Labour is empowered by the Industrial Relations Act to cancel the registration of a union of workers, or of employers, if he believes that the union, or any of its members, has caused “serious loss or inconvenience.” In the instance of an employees’ union this means that he must observe “serious loss or inconvenience” as a result of any workers’ refusing to accept engagement for “work in which they are usually employed,” or as a result of some act or omission that interrupts work in the industry. A deregistered union is no longer able to use the procedures and powers of the Industrial Relations Act,''all awards and agreements are cancelled, and no other union may be registered for the industry

concerned unless it has the Minister’s approval. No other related union may extend its jurisdiction to replace the deregistered union. The Minister of Labour has power to cancel a union’s registration generally or in a specified area. He may cancel a registration by giving notice of his decision in the Gazette.

If the deregistration is applied only locally, the union’s rules are automatically amended to exclude the local members from union membership, and awards and agreements cease to apply to these members. Without the Minister’s consent, these persons may not join any other union that is registered for the industry.

All the assets of a deregistered union are vested in the Public Trustee, and he must hold and manage them until a new union is registered. If, after six months, no new union is registered, the Minister of Labour may order the funds to be distributed among members of the deregistered union.

The minimum number of persons ordinarily capable of forming an association to be registered as a new union must amount to 50 per cent of the workers engaged in an industry in a full industrial district.

The applicants for registration must list the members and officers of the association, supply copies of their rules, and submit a resolution in favour of registration supported by a majority of the members at a general meeting.