Trade dispute

(1) If any trade dispute exists or is apprehended, that dispute, if not otherwise determined, may be reported to the Minister by or on behalf of either party to the dispute, and the decision of the Minister as to whether a dispute has been so reported to him or not and as to the time at which a dispute has been so reported shall be conclusive for all purposes. (2) The Minister shall consider any dispute reported to him under subsection (1) of this section and, if in his opinion suitable means for settling the dispute already exist by virtue of the provisions of any agreement to which the parties are organisations representative of employers and workers respectively, he shall refer the matter for settlement in accordance with those provisions, so, however, that where a matter has been referred for settlement in accordance with this subsection and there is a failure to reach a settlement or, in the opinion of the Minister, a settlement is unduly delayed, the Minister may cancel the reference and substitute therefor a reference to the Tribunal. (3) Where, in his opinion, no such suitable means of settlement exist as are mentioned in subsection (2) of this section, the Minister shall take any steps which seem to him 8 Essential Services expedient to promote a settlement of the dispute and may, if he thinks fit, refer the matter for settlement to the Tribunal. (4) Where steps to promote a settlement of the dispute have been taken by the Minister under subsection (2) or subsection (3) of this section (otherwise than by means of reference to the Tribunal) and those steps have not resulted in a prompt settlement of the dispute, the Minister shall refer the dispute for settlement to the Tribunal and shall do so within twenty- one days of the date on which the dispute was reported to him under subsection (1) of the section, unless, in his opinion, the special circumstances of the case make it necessary or desirable to postpone such reference. (5) In the event of a disagreement among the members of the Tribunal relating to any agreement, decision or award to be made on any dispute referred to the Tribunal under this section, the agreement, decision or award of the majority shall prevail, and in the case of an equality of votes on such agreement, decision or award, the Chairperson shall have a casting vote. (6) Any agreement, decision or award made by virtue of this section shall be binding on the employers and workers to whom the agreement, decision or award relates and, as from the date of such agreement, decision or award or as from such date as may be specified therein not being earlier than the date on which the dispute to which the agreement, decision or award relates first arose, it shall be an implied term of the contract between the employers and the workers to whom the agreement, decision or award relates that the rate of wages to be paid and the conditions of employment to be observed under the contract shall be in accordance with such agreement, decision or award until varied by a subsequent agreement, decision or award. Essential Services 9