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Industrial Relations Regulation 1972

Industrial Relations Act 1962
Industrial Relations Act
Industrial Relations Act
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 174.

Industrial Relations Regulation 1972

ARRANGEMENT OF SECTIONS.

Industrial Relations Regulation 1972

MADE under the Industrial Relations Act 1962.

Dated                   200 .

1. OATH AND AFFIRMATION OF OFFICE.

The prescribed oath and affirmation to be taken under Section 12 or 19 of the Act shall be as set out in Schedule 2.

2. FILING OF AWARDS, ETC.

(1) The Registrar shall register, in a Register Book to be kept for the purpose–

(a) subject to Section 33 of the Act, all agreements referred to in that section; and

(b) all awards made by a Tribunal; and

(c) all determinations made by the Minimum Wages Board.

(2) The Registrar shall file the original copies of–

(a) all agreements made under the Act; and

(b) all awards made by a Tribunal; and

(c) all determinations of the Minimum Wages Board.

3. RECORD OF PROCEEDINGS.

(1) A member of a Tribunal, or the Chairman of a Board of Inquiry or of the Minimum Wages Board, shall cause a sufficient record of the proceedings before the Tribunal, Board of Inquiry or the Minimum Wages Board, as the case may be, to be kept, including–

(a) a record of the parties appearing or represented; and

(b) the submissions (if any) made by each party and the reasons (if any) stated in support of their submissions; and

(c) the decision of the Tribunal or the Minimum Wages Board, or the report of the Board of Inquiry, as the case may be.

(2) On the termination of the proceedings–

(a) the records prescribed by Subsection (1); and

(b) all other papers and documents used in connection with the proceedings,

shall be forwarded by a member of the Tribunal or by the Chairman of the Board of Inquiry or the Minimum Wages Board, as the case may be, to the Registrar.

4. REPRESENTATION OF ORGANIZATIONS.

(1) Except where otherwise expressly provided by the Act or this Regulation if–

(a) a summons, application, notice or other document is required by the Act or this Regulation to be taken out, made, given or signed; or

(b) an act is required to be done,

on behalf of an organization, the summons, application, notice or document may be taken out, made, given or signed, or the act may be done, on behalf of the organization–

(c) by an officer or person duly authorized under the rules of the organization to represent the organization in proceedings under the Act; or

(d) in the absence of express provision in the rules–by a person authorized by resolution of the organization or by the executive committee to represent the organization either generally in proceedings under the Act, or specially.

(2) A member of a Tribunal the Chairman of a Board of Inquiry or of the Minimum Wages Board or the Departmental Head may require an officer of an organization or other person who, on behalf of the organization, submits a log of claims or an application, or proposes to take any steps, in proceedings before the Tribunal, the Board of Inquiry, the Minimum Wages Board or the Departmental Head, as the case may be, to produce a statutory declaration or affidavit setting out how he is authorized to act on behalf of the organization.

5. ADDRESS FOR SERVICE.

A document that is filed in connection with a matter before a Tribunal, a Board of Inquiry, the Minimum Wages Board, or the Departmental Head shall be endorsed with the name and address of the party filing it, and the address so endorsed shall be deemed to be the address for service of the party.

6. NOTICE TO PARTIES OF HEARING OF DISPUTE.

(1) Where a dispute is referred to a Tribunal under Section 29 or 30 of the Act, a member of the Tribunal may, of his own motion or on the application of a party, fix a time and place for hearing the parties to the dispute, and persons claimed to be parties, with a view to the settlement of the dispute by arbitration.

(2) After a time and place has been fixed under Subsection (1), a member of the Tribunal shall issue a notice in Form 1.

7. SUMMONS TO WITNESSES.

(1) A requirement under Section 52(1)(b) of the Act shall be in Form 2, or in a form approved in a particular case by the Tribunal, the Board of Inquiry, the Minimum Wages Board or the Departmental Head, as the case may be.

(2) Any number of witnesses may be included in one requirement, but a copy served need contain only the name of the witness on whom it is served.

8. SUBSTITUTED SERVICE OF DOCUMENTS.

(1) Where provision is made for personal or other service of a document in proceedings before a Tribunal, a Board of Inquiry, the Minimum Wages Board or the Departmental Head, it or he may, subject to the Act, make such order–

(a) for substituted or other service; or

(b) for the substitution for the service otherwise required of notice by letter, telegram, public advertisement or otherwise,

as it or he thinks proper.

(2) Where a Tribunal, a Board of Inquiry, the Minimum Wages Board or the Departmental Head orders that notice by telegram or public advertisement be substituted for the service otherwise required, the notice shall contain such particulars as the Tribunal, the Board of Inquiry, the Minimum Wages Board or the Departmental Head, as the case may be, directs.

9. NOTICE OF DELEGATION.

A notice of appointment under Section 67(2) of the Act by an employer or prospective employer shall be in Form 3.

10. TRANSCRIPTS.

One copy of any transcript of proceedings before a Tribunal, as prepared for the Tribunal, shall, subject to any limitations on its availability that are determined by the Tribunal, be made available free of charge to each party to the proceedings.

11. SEARCHES.

(1) Subject to the Act and to Subsection (2), a person may inspect the proceedings in any matter on payment of the prescribed fee.

(2) Subsection (1) does not authorize the inspection of, or of the relevant transcript of any evidence–

(a) given, tendered or taken in private, under Section 51 or 55 of the Act; or

(b) that the Tribunal, the Board of Inquiry, the Minimum Wages Board or the Departmental Head before which or whom it was given, tendered or taken directs should not be subject to inspection under that subsection.

12. FEES.

(1) The fees payable in respect of matters under the Act or this Regulation are as set out in Schedule 3.

(2) Fees shall be paid in advance, and the Registrar may refuse to receive or issue a document, or to do an act or permit an inspection, in respect of which a fee is payable until the fee is paid.

SCHEDULE 1

PAPUA NEW GUINEA.

Industrial Relations Act 1962.

Form 1 – Notice Fixing Time and Place for Hearing of an Industrial Dispute.

Act, Secs. 29, 30. Form 1.Reg., Sec. 6.

PAPUA NEW GUINEA.

Industrial Relations Act 1962.

Form 2 – Summons to Witness.

Act, Sec. 52(1). Form 2.Reg., Sec. 7.

PAPUA NEW GUINEA.

Industrial Relations Act 1962.

Form 3 – Notice to Departmental Head of Delegation of Employer’s Powers.

Act, Sec. 67. Form 3.Reg., Sec. 9.

SCHEDULE 2 – OATH AND AFFIRMATION OF OFFICE.

Act, Secs., 12, 19.Reg., Sec. 1.

Oath.

I, . . . , do swear that I will well and truly serve the Independent State of Papua New Guinea and its People in the office of Chairman of the Minimum Wages Board (or member of the Minimum Wages Board or member of an Arbitration Tribunal) under the Industrial Relations Act, and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.

So help me God!

Affirmation.

I, . . . , do solemnly and sincerely promise and declare that I will well and truly serve the Independent State of Papua New Guinea and its People in the office of Chairman of the Minimum Wages Board (or member of the Minimum Wages Board or member of an Arbitration Tribunal) under the Industrial Relations Act, and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.

SCHEDULE 3 – FEES.

Reg., Sec. 12.

Office of Legislative Counsel, PNG