173. Secret ballot a prerequisite to strike (1) No strike shall take place prior to: (a) a secret ballot being conducted by the trade union of its members threatening the strike action; and the trade union providing the Industrial Registrar and the respective employers with at least 10 days written notice of the results of that secret ballot and of the proposed strike action. (2) The procedures to be followed for a secret ballot under subsection (1) are – (a) the ballot paper must state all the issues on which a strike mandate is sought; each issue must be supported by more than 50% of the votes cast; the secret ballot must be carried out by the Secretary of the trade union or the Secretary’s delegate; and within 48 hours of conducting the ballot the Secretary of the trade union or the Secretary’s delegate, must notify the Industrial Registrar in writing of the result of the ballot. (3) A secret ballot for a strike mandate under this section is valid for 12 months from the date of notification of the Industrial Registrar of the results. 174. Notice prerequisite for lockout (1) No lockout for any reason shall take place unless the employer gives 10 days written notice to the Industrial Registrar and the respective trade unions. (2) A notice under subsection (1) is valid for 6 months from the date of the notice. 175. Unlawful strikes or lockouts Participation in a strike or lockout is unlawful if the strike or lockout – occurs while a collective agreement binding the workers participating in the strike or affected by the lockout is in force, unless it relates to a matter which is not covered by the existing collective agreement or variation to the collective agreement; occurs during bargaining for a collective agreement or variation of a collective agreement that will bind the workers participating in the strike or affected by the lockout, unless – at least 21 days have passed since the bargaining was initiated; on the date bargaining was initiated, the workers were bound by the same collective agreement and that collective agreement has expired; or on that date the workers were bound by different collective agreements and at least one of those collective agreements has expired;
173. Secret ballot a prerequisite to strike (1) No strike shall take place prior to: (a) a secret ballot being conducted by the trade union of its members threatening the strike action; and the trade union providing the Industrial Registrar and the respective employers with at least 10 days written notice of the results of that secret ballot and of the proposed strike action. (2) The procedures to be followed for a secret ballot under subsection (1) are – (a) the ballot paper must state all the issues on which a strike mandate is sought; each issue must be supported by more than 50% of the votes cast; the secret ballot must be carried out by the Secretary of the trade union or the Secretary’s delegate; and within 48 hours of conducting the ballot the Secretary of the trade union or the Secretary’s delegate, must notify the Industrial Registrar in writing of the result of the ballot. (3) A secret ballot for a strike mandate under this section is valid for 12 months from the date of notification of the Industrial Registrar of the results. 174. Notice prerequisite for lockout (1) No lockout for any reason shall take place unless the employer gives 10 days written notice to the Industrial Registrar and the respective trade unions. (2) A notice under subsection (1) is valid for 6 months from the date of the notice. 175. Unlawful strikes or lockouts Participation in a strike or lockout is unlawful if the strike or lockout – occurs while a collective agreement binding the workers participating in the strike or affected by the lockout is in force, unless it relates to a matter which is not covered by the existing collective agreement or variation to the collective agreement; occurs during bargaining for a collective agreement or variation of a collective agreement that will bind the workers participating in the strike or affected by the lockout, unless – at least 21 days have passed since the bargaining was initiated; on the date bargaining was initiated, the workers were bound by the same collective agreement and that collective agreement has expired; or on that date the workers were bound by different collective agreements and at least one of those collective agreements has expired;
Final_ILO_June_2012.docx