Section 108: Savings and transitional provisions

108. Savings and transitional provisions (1) Subject to subsection (2), every trade union registered under the repealed Industrial Relations Act immediately before the commencement of this Act shall be deemed to have been registered under this Act. (2) — (3) Any trade union of workers which had recognition immediately before the commencement of this Act shall be deemed to have obtained recognition under this Act. (4) Any of the following agreements entered into or orders made immediately before the commencement of this Act shall be deemed to have been made for the purposes of this Act— (a) a check-off agreement or order; (b) an agency shop agreement or order; (c) a procedure agreement; or (d) a collective agreement. (5) — (6) Where a trade union or a joint negotiating panel has obtained recognition from an employer before the commencement of this Act and no procedure agreement is in force, the employer and the trade union or the joint negotiating panel, as the case may be, shall, within 90 days of the commencement of this Act, draw up and sign a procedure agreement. (7) Every federation comprising trade unions and federations of trade unions existing before the commencement of this Act shall, on application made by it, be entitled to be registered as a confederation. E9A – 57 [Issue 8] Employment Relations Act (8) Any application, complaint or appeal made under the repealed Act before the commencement of this Act shall be dealt with in accordance with this Act. (9) Any industrial dispute reported under the repealed Act shall— (a) where the Minister has not yet considered the dispute, be taken to be a labour dispute under this Act and be referred to the President of the Commission under section 64; (b) where it has been rejected by the Minister, be deemed to have been rejected by the President of the Commission under this Act, and the parties may lodge an appeal to the Tribunal under section 66 of this Act, and the dispute shall be dealt with as if it were a labour dispute made under this Act; (c) where the dispute has not been rejected, be dealt with by the Commission under section 69 of this Act; (d) where the Minister has made proposals or recommendations to the parties, or referred the parties or the disputes to the Industrial Relations Commission under the repealed Act, the dispute shall be dealt with by the Commission under section 69 of this Act. (10) Any proceedings pending immediately before the commencement of this Act before the Permanent Arbitration Tribunal and the Civil Service Arbitration Tribunal shall be deemed to be proceedings pending under this Act and may be proceeded with before the Tribunal. (11) Any investigation, inquiry or other proceedings pending immediately before the commencement of this Act before the Industrial Relations Commission and the Civil Service Industrial Relations Commission shall be dealt with by the Commission in accordance with this Act. (12) For the smooth transition from the repealed enactment to the operation of this Act, the delay of 30 days mentioned in section 69 (3) and (5) of this Act shall be 90 days instead of 30 days. (13) Any investigation, inquiry or other proceedings pending immediately before the commencement of this Act before the National Remuneration Board shall, as from the date of commencement of this Act, be taken up and determined by the Board established under this Act, as if the investigation, inquiry or other proceedings had been started under this Act. (14) Any applic operation of this Act, the delay of 30 days mentioned in section 69 (3) and (5) of this Act shall be 90 days instead of 30 days. (13) Any investigation, inquiry or other proceedings pending immediately before the commencement of this Act before the National Remuneration Board shall, as from the date of commencement of this Act, be taken up and determined by the Board established under this Act, as if the investigation, inquiry or other proceedings had been started under this Act. (14) Any application relating to a claim for negotiating rights pending before the Commission immediately before the commencement of this Act shall be transferred to the Tribunal to be dealt with under section 38 as if it were an application made under that section, and the Tribunal shall notwithstanding section 38 (4), determine the application within 90 days of the commencement of this Act, unless the Tribunal, for exceptional circumstances, extends the delay. [Issue 8] E9A – 58 Revised Laws of Mauritius (15) (a) Any person appointed President and Vice-President of the Permanent Arbitration Tribunal and in post immediately before the commencement of this Act, shall be deemed to have been appointed President and Vice-President of the Tribunal on the same terms and conditions as obtained before the commencement of this Act and without any break in his service. (b) The President of the Tribunal established under this Act shall be entitled to such allowances as he may have been drawing where he has been appointed President of the Civil Service Arbitration Tribunal under section 100 (2) of the repealed Act. (16) Any person appointed Chairman of the Industrial Relations Commission and in post immediately before the commencement of this Act, shall be deemed to have been appointed President of the Commission on the same terms and conditions as obtained before the commencement of this Act and without any break in his contract of service. (17) Any person appointed Chairman or Vice-Chairman of the National Remuneration Board and in post immediately before the commencement of this Act, shall, notwithstanding section 90 (3), continue to be Chairperson or Vice-Chairperson, as the case may be, of the Board on the same terms and conditions until the appointment of the Chairperson and Vice-Chairperson under section 90 (3), following which appointment the Chairman and ViceChairman of the Board immediately before the commencement of this Act shall be entitled to such compensation as provided in their contract of employment. (18) Parties to a procedure agreement shall, within a period of 3 months from the commencement of this Act, amend such agreement to provide for matters specified in section 52. (19) Any application made to an employer for recognition of a trade union or group of trade unions before the commencement of this Act shall be dealt with in accordance with this Act. (20) Any proceedings pending before the Tribunal before the commencement of this Act, in relation to an application for the recognition of a trade union or group of trade unions, shall be dealt with in accordance with this Act. (21) Subject to subsection (4), the validity of the recognition of a trade union of workers which obtained recognition before the commencement of this Act shall remain unaffected. (22) (a) (i) 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 tion for the recognition of a trade union or group of trade unions, shall be dealt with in accordance with this Act. (21) Subject to subsection (4), the validity of the recognition of a trade union of workers which obtained recognition before the commencement of this Act shall remain unaffected. (22) (a) (i) 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 this Act, for a determination as to which trade union the workers in the bargaining unit wish to be their bargaining agent. E9A – 58 (1) [Issue 8] Employment Relations Act (ii) Where 2 or more trade unions are already recognised in an enterprise or industry, and one of the trade unions has recognition as a sole bargaining agent, the employer or any of the trade unions may make an application to the Tribunal, within 12 months of the commencement of this Act, for a determination as to which trade union the workers in the bargaining unit wish to be their bargaining agent. (b) For the purpose of determining an application under paragraph (a), the Tribunal shall organise and supervise a secret ballot in the bargaining unit in order to determine which trade union the workers in that bargaining unit wish to be their bargaining agent. (23) Where this Act does not make provision for the necessary transition from the repealed Act to this Act, the Minister may make necessary regulations for such transition. 109. — continued on page E9A – 59 E9A – 58 (2) [Issue 8] Revised Laws of Mauritius FIRST SCHEDULE [Section 11] GUIDELINES FOR MATTERS TO BE PROVIDED FOR IN THE RULES OF A TRADE UNION CONSTITUTION AND MANAGEMENT