Employment and Industrial Relations Act (Cap. 452), article 72

72. (1) There is hereby established a Joint Negotiating Council as a special negotiating machinery with respect to trad e disputes concerning the conditions of work of persons providing EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 51 the services listed in article 64(6): Provided that the Council and any other negotiating machinery established by or under this article, shall not in an y way deal with or encroach on any matter falling within the function s of the Public Service Commission. (2) The Council shall consist of not more than four members representing the Government, and not more than four members representing the trade union having as its members the largest number of persons providing the essential service in the releva nt section or area invo lved in the dispute: Provided that the members appointed by the recognised trade union in accordance with the provisions of this sub-artic le, shall be so appointed by the union concurrently with the offici al registration of a trade dispute and shall be signified in writi ng by letter addressed to the Permanent Secretary in the Office of th e Prime Minister: Provided further that, in accordance with the preceding proviso, the composition of the Council may vary if there is mo re than one dispute that has been referred to the Council and such disputes are separate and are made by a different trade union a s specified in the first para graph of this sub-article. (3) Saving what is provided in sub-article (4), the decisions o f the Council shall only be taken by a unanimous vote. Any decisi on so taken or agreement so reach ed shall be binding on the Government and on all public officers to whom that decision or agreement applies. (4) Where in respect of any trad e dispute falling within the functions of the Council an agreement acceptable to all the members cannot be reached, and th e Chairperson of the Council registers disagreement, the Chair person shall refer the matter to the Industrial Tribunal within fifteen days of such disagreement be ing registered and the Industrial Tribunal shall be bound to reach a final decision on the trade dispute (including the making of recommendations) by not later than two months from the referral , unless in the opinion of the Chairperson of the Industrial Trib unal, a longer period is necessary for a valid reason which must be s tated and recorded in the pro ceedings of the Tribunal. (5) The Minister may, after consultation with the Council, make regulations to give fuller effect to the provisions of thi s article and to any other relevant provisions of this Act, and i n particular, but without prejudice to the generality of the afor esaid, such regulations may - (a) determine the procedure of the negotiating machinery established by this article; (b) specify in more detail and otherwise determine the functions, powers and duties of any such machinery and of any sub-committee or other body thereof, and of any of their chairper sons or other members; (c) provide for any matter connected with or ancillary to 52 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS any of the foregoing matters. (6) The provisions of article 70 shall apply to an agreement reached as provided in sub-article (3) or sub-article (4) as th ey apply to a settlement referred to in that article. PART III THE INDUSTRIAL TRIBUNAL Establishment and composition of Industrial Tribunal. Amended by: III. 2004.6; Amended by: XXXIII. 2016.3; XX.2022.5.