40. Powers and functions of labour officers and labour inspectors (1) The functions of the Commissioner of Labour, labour officers or labour inspectors are to: (a) ensure compliance with the provisions of this Act; (b) advise and assist employers and workers on particular or general employment relations matters under this Act; (c) provide information, advice, awareness or training to employers and workers or their organizations on matters under this Act; and (d) publish an annual labour inspection report including statistics on inspection visits, recorded breaches of the Act and penalties issued. (2) The functions of the Commissioner of Labour and labour officers may also include formulating enterprise or national policies, codes and strategies on employment relations matters. 41. Right of entry and inspection (1) The Commissioner of Labour, a labour officer or labour inspector may at any time - enter, inspect and examine a workplace where or about which a worker is employed or where there is reason to believe that a worker is employed; require an employer or a trade union as the case may be, to produce any worker employed by the employer and any documents or records which the employer is required to keep under this Act or any other documents or records relating to the employment of the worker; interview the employer or a worker on a matter connected with employment or this Act, and may seek information from any other person whose evidence is considered to be necessary; or inquire from an employer or a person acting on the employer’s behalf regarding matters connected with the carrying out of this Act. (2) The Commissioner of Labour, labour officer or labour inspector, (a) must not enter a private dwelling house without the consent of the occupier; or (b) without the consent of the occupier, may enter a private dwelling house that there are reasonable grounds to believe is a workplace, with an order for daytime entry made by the Industrial Registrar on a date when the occupier could reasonably be in attendance; or (b) on the occasion of a visit or inspection, must notify the employer or the employer’s representatives of his or her presence, unless the Commissioner of Labour, labour officer or labour inspector considers that such notification may be prejudicial to the performance of his or her duties. (3) The Commissioner of Labour, a labour officer or labour inspector may copy or make extracts from a document or records in the possession of an employer which relate to a worker.
(2) The Tribunal or the Employment Division of the Court may, in determining whether or not the parties to collective bargaining have dealt with each other in good faith in bargaining for a collective agreement, have regard to the code. 151. Breakdown in bargaining (1) Should, notwithstanding the efforts of parties to bargain in good faith, there be a break down in the bargaining process, then any party may report to the Industrial Registrar an employment dispute under of this Act. Division 2 - Bargaining 152. Initiation of bargaining (1) Bargaining for a new collective agreement or variation of an existing collective agreement may be initiated by – one or more registered trade unions, with one or more employers or registered employer organisations; or one or more employers or registered employer organisations, with one or more registered trade unions. (2) An employer that is a member of an employer organisation bound by a collective agreement, is similarly bound by that collective agreement to the extent that the collective agreement covers that employers’ workers. 153. How bargaining initiated (1) A trade union or employer or employer organisation initiates bargaining for a collective agreement by giving to the intended party or parties to the agreement a notice that complies with subsection (2). (2) A notice complies with this subsection if – it is in writing and signed by the trade union or the employer or employer organisation giving the notice or its duly authorised representative; it identifies each of the intended parties to the collective agreement; it identifies the intended coverage of the collective agreement; only one notice is required, on the day it is given; if more than one notice, on the day the last notice is given; and where there is multiplicity of parties, the initiating party must give notice to all other parties.
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;