LABOUR LAW & ETHICS
(LAW604)
LAW GOVERNING TRADE UNIONS
3rd August,2010
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CONTENTS
• Introduction
• Objective of Part 14
• Registration of Trade Union
• Alteration or Change of Name of Trade Union
• Amalgamation of Trade Unions
• Refusal of Registration
• Officers of Trade Union
• Annual Returns
• Constitution & Rules
• Cancellation & Suspension
• Notification
• Rights & Liabilities of Trade Union 2
PART 14 - TRADE UNIONS
Object of this Part:
(a) To provide for the registration of trade
unions; and
(a) To stipulate minimum requirements to be
observed by trade unions in their
operations.
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REGISTRATION OF TRADE UNIONS
Registrar & Assistant Registrar
To act independently (not subjected to
direction/control by any person or body) when
exercising duties
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REGISTRATION OF TRADE UNIONS
(Cont’d)
Registrar must keep a register of Trade Unions
to show:
1. Particulars of every registered Trade Union
2. Alteration or change in name, constitution,
officers, location or postal address of
registered trade unions
3. Any other matters required to be contained in
the register
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REGISTRATION OF TRADE UNIONS
(cont’d)
All Trade Union must be registered
• Application to be made to the Registrar:
• How?
In the prescribed form signed by more than 6
members with 4 copies of constitution and rules
of the proposed trade union authenticated by
president & secretary and accompanied by a
statement showing:
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REGISTRATION OF TRADE UNIONS
(Cont’d)
(a) Names, occupation & address of members
making application
(b) Name of the proposed Trade Union
(c) Titles, names, ages, occupation and
addresses of members of the proposed trade
union
(d) No member to belong to more than one TU
(e) Registrar to decide application within 21 days
of receipt
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ALTERATION OR CHANGE OF NAME OF TU
If the proposed name of the Trade Union:
• is identical to an existing registered TU or
any other body and is likely to deceive or
mislead the public
• Is undesirable, the Registrar must not
register the TU
• Change of name permitted if:
- more than 50% of all members entitled to
vote by secret ballot
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AMALGAMATION OF TRADE UNION
TU wish to amalgamate must apply to the
Registrar
• Applicant TU must secure support of more
than 50% of all members by secret ballot
• Application may be refused if all the prescribed
rules (Schedule 5) are not provided for & any
of the purposes of the TU would be unlawful
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AMALGAMATION OF TRADE UNION
(cont’d)
• TU to be dissolved upon amalgamation.
Secretary & at least 7 voting members of both
unions to sign the notice of dissolution
• Deeds, bonds, agreements & instruments will be
intact
• Affiliation of TU with another TU or TU
Federation (e.g. FTUC or FICTU) – secret ballot
by more than 50% of all members of the TU
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REFUSAL OF REGISTRATION
Registrar may refuse registration if:
- principal objects not in accordance
with definition of ‘trade union’
- TU to be used for unlawful
purposes
- Objects are unlawful or in conflict
with ERP
- Matters on Schedule 5 are not
provided
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REFUSAL OF REGISTRATION (cont’d)
TU is under domination of employer
- Refusal by the Registrar to state grounds –
within 7 days of decision - Dissolution of the
TU
- Appeal against Registrar’s decision – within
30 days of the date of refusal to the
Tribunal
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OFFICERS OF A TRADE UNION
Must be engaged for not less 6 months in an
industry, trade or occupation except for Secretary
and Treasurer who could be from outside the
occupation
• Not to be officer of more than one TU or engaged in
any other capacity
• Un -discharged bankrupt – not an Officer
• Non -citizen of Fiji not qualified
• Conviction on dishonesty, moral turpitude or violence
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ANNUAL RETURNS
Duty of the Secretary to provide to the
Registrar by:
• 30th April list of Office Bearers
• 30th September a general audited statement
(receipts & expenditure, assets & liabilities of
TU) as at 30th December of previous year
together with Auditor’s Report in the prescribed
form and
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ANNUAL RETURNS (cont’d)
• Copy of any amendment or new Rule to
the Constitution during previous year
• Failure to submit: Offence
• False entry: Offence
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CONSTITUTION & RULES
Matters to be provided for are in Schedule 5
• New Rule will be effective upon registration by Registrar
• Member of TU has right of access to Constitution & other
Rules
• TU must have Registered Office and postal address –
Registrar to be notified of any change
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CANCELLATION AND SUSPENSION OF TRADE
UNION(S)
• Cancellation - at the request of TU upon dissolution,
- registration by fraud/misrepresentation,
unlawful objects,
-willful contravention of Act
• May suspend or cancel if:
Accounts not kept according to Act, registration
obtained by mistake, TU being used for unlawful
purpose, officers persistently and willfully not
complying with Act
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CANCELLATION AND SUSPENSION OF TU
(cont’d)
• Effect of Cancellation:
- cease to exist as a body corporate
- cease to enjoy rights, immunities, privileges
- (life of current collective agreement continues)
• Enforcement of liabilities incurred intact
- dissolved and liquidators appointed
- Right of Appeal – within 30 days to the
Tribunal
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NOTIFICATION
The Registrar must within 28 days give notice
in gazette of its occurrence:
(a) An application for registration by a TU
(b) The registration or refusal of registration of TU
(c) Suspension or cancellation of registration of a
TU
(d) Registration of name change of a TU
(e) Amalgamation of 2 or more unions
(f) The dissolution of a TU
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PART 15 - RIGHTS AND LIABILITIES OF
TRADE UNIONS
• TU’s to function fully as social partners and as
legal entities capable of incurring legal
obligations
• Immunity from civil suit/legal proceedings –
contemplation or furtherance of dispute
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RIGHTS AND LIABILITIES OF TRADE
UNIONS (cont’d)
Corporate entity
- hold real or personal property
- enter into contracts
- sue and be sued
- do any other thing necessary for the
purpose of its Constitution
• Do any other thing a person can legally do
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RIGHTS AND LIABILITIES OF TRADE UNIONS
(cont’d)
Right of Access to workplaces to (on
TU business & no disruptions to
work):
- discuss union business with members
- recruit workers as members
- Information on union & membership to any
worker on premises
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PROCEEDINGS BY AND AGAINST TU
• Civil proceedings order of payment –
recovered by sale of property of TU and not
benevolent/provident fund of TU
• Fines to be paid by TU – by distress & sale of
property (CPC Cap 21)
• No Distress to be levied from
benevolent/provident fund of TU except for
Court Order
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THANKS
QUESTIONS
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