Section 108: Savings and transitional provisions

108. Savings and transitional provisions (1) (a) Where a procedure agreement which is in force before the commencement of the Employment Relations (Amendment) Act 2019 does not contain any of the provisions specified in the procedure agreement set out in the Seventh Schedule, the parties to the procedure agreement shall, within 30 days of the commencement of the Employment Relations (Amendment) Act 2019, include such provisions in the procedure agreement. (b) Where the parties fail to comply with paragraph (a), they shall, after the delay of 30 days, be bound by the procedure agreement in the Seventh Schedule. (2) Where a trade union or a joint negotiating panel has obtained recognition from an employer before the commencement of the Employment Relations (Amendment) Act 2019 and no procedure agreement is in force, the employer 830 Acts 2019 and the trade union or the joint negotiating panel, as the case may be, shall be regulated in accordance with the procedure agreement set out in the Seventh Schedule. (3) Any application relating to the making of a procedure agreement or variation of a procedure agreement which is pending before the Tribunal immediately before the commencement of the Employment Relations (Amendment) Act 2019 shall be dealt with in accordance with that Act. (4) Any application made to an employer for recognition of a trade union or group of trade unions before the commencement of the Employment Relations (Amendment) Act 2019 and which is still pending shall be dealt with in accordance with that Act. (5) Any application for recognition of a trade union pending before the Tribunal before the commencement of the Employment Relations (Amendment) Act 2019 shall be dealt with under section 38 as if it were an application made under that section and the Tribunal shall, notwithstanding section 38(14), determine the application within 60 days of the commencement of the Employment Relations (Amendment) Act 2019, unless the Tribunal, for exceptional circumstances, extends the delay. (6) Subject to subsection (7), the validity of the recognition of a trade union of workers which obtained recognition before the commencement of the Employment Relations (Amendment) Act 2019 shall remain unaffected. (7) Where 2 or more trade unions are already recognised in an enterprise or industry as bargaining agents only and the trade unions refuse to form a joint negotiating panel, the employer or any of the trade unions may make an application to the Tribunal, within 12 months of the commencement of the Employment Relations (Amendment) Act 2019, for a determination as to which trade union the workers in the bargaining unit wish to be their bargaining agent. Acts 2019 831 (8) Any labour dispute which is reported to the President of the Commission before the commencement of the Employment Relations (Amendment) Act 2019 and which – (a) has not been rejected by the President of the Commission or where it has been rejected, the rejection has been revoked on an appeal to the Tribunal under section 66; or (b) is referred to the Tribunal, shall be dealt with in accordance with Part VI as if sections 64, 65, 69, 70, 76, 78 and 88 have not been amended or repealed and replaced. (9) Any labour dispute pending immediately before the commencement of the Employment Relations (Amendment) Act 2019 before the Tribunal shall be dealt with in accordance with Part VI as if the definition of “labour dispute” in section 2 and sections 64, 65, 69, 70, 76, 78 and 88 h n appeal to the Tribunal under section 66; or (b) is referred to the Tribunal, shall be dealt with in accordance with Part VI as if sections 64, 65, 69, 70, 76, 78 and 88 have not been amended or repealed and replaced. (9) Any labour dispute pending immediately before the commencement of the Employment Relations (Amendment) Act 2019 before the Tribunal shall be dealt with in accordance with Part VI as if the definition of “labour dispute” in section 2 and sections 64, 65, 69, 70, 76, 78 and 88 have not been amended or repealed and replaced. (10) Any labour dispute reported before the commencement of the Employment Relations (Amendment) Act 2019 or an appeal made under section 66 in relation to a labour dispute reported before the commencement of the Employment Relations (Amendment) Act 2019 shall be dealt with in accordance with Part VI as if the definition of “labour dispute” in section 2 and sections 64, 65, 69, 70, 76, 78 and 88 have not been amended or repealed and replaced. (11) A reference in any enactment to the repealed Remuneration Regulations shall be construed as a reference to the Remuneration Regulations or Wages Regulations or any such regulations made under section 93. (12) Where this Act does not make provision for any saving and transition, the Minister may make such regulations as may be necessary for such saving and transition. 832 Acts 2019